Personal Injury Law Blogs

Making a Personal Injury Claim for Medical Negligence by Yourself

Post regarding making a personal injury claim for medical negligence by yourself and the challenges you should consider.

Being injured by or whilst in the care of a healthcare provider can be very unpleasant. You may be overcome with feelings of helplessness and anger. These are common and to be expected, especially if the injury is so severe that it causes a decrease in your quality of life. Although, financial remuneration will be far from the top of your concerns, it is something that should be considered to alleviate the distress caused.

Claiming for medical negligence (sometimes referred to as medical malpractice) is an option available to receive what some people call justice. If your claim is successful it will mean that the healthcare provider will be forced to pay out a sum of money deemed appropriate for the injuries incurred. These can be used for whatever purpose you wish, although there may be an amount set aside for improving your home to help with access and day to day living.

Proving Medical Negligence: What is involved?

Proving medical negligence to a court is essentially the same as proving Personal Injury. The specific area of law being Tort in England and Wales and Delict in Scotland. These are different names for the same thing, the Scottish legal system being slightly different than its neighbours in the south. However, the following principles are universal.

To prove medical negligence you must demonstrate on a balance of probabilities (meaning as a percentage your argument is more than 50% likely to be true), all of the following:

  1. A duty of care was owed to you by the defending party.
  2. There was:
    1. A breach of said duty.
    2. This breach caused or contributed to the claimed injury; essentially there was a negligent action.
    3. The negligent action caused the injury complained of.

Proving that a duty of care was owed and the facts you are asserting are usually the “easier” parts of a case to prove. In cases involving medical negligence the most difficult thing to prove is the negligence itself – or at least proving that the actions of the care giver can be deemed as being negligent.

What are the Difficulties?

The reason for this is a historic issue, in fact the Pearson Commission reported as far back as 1978 that whilst general claims for general negligence cases had an 86% success rate, only 30-40% of medical negligence cases resulted in an award of damages.

The reason so many cases are unsuccessful at proving that a doctor or other healthcare provider acted negligently is because of the courts unwillingness to interfere or challenge the medical profession. In fact, in order to successfully defend a case of medical negligence all that is required is for there to be body of other medical professionals who state that they would have taken the same action, even if this body is by far in the minority.

This is not to say that all is hopeless, rather it is better to be equipped with the difficulties that may lie ahead. On top of the legal principles being in the defending party’s favour, statistically people who represent themselves are much more likely to fail in their bid for damages.

Can these be Overcome?

In a word, yes. This is not to say that everyone will be successful in their claims but merely to underline that if you tackle the case in the right way, with the right preparation and knowledge you will be much better placed to succeed.

To begin with, ensure you have a detailed  time-line of all relevant events with names of all persons included. Supplement this with a concise statement of all the facts surrounding your case; include your assertion of how you believe the injury resulted, names of all hospitals or doctors/care givers. You can then begin by addressing this to the NHS Litigation Authority (if the injury occurred in an NHS Hospital) or apply to the relevant court for your case to be heard.

If you are wanting to make a claim for medical negligence it is advisable to seek professional help from a solicitor, even if only for a consultation to discuss the merits of your claim. However, if you are going to be claiming by yourself you should seek out websites offering expert help to get you started and to learn as much as possible about the relevant law.

Statistics of Birth Defects Caused by Medication the Mother Took During Pregnancy

A birth defect is when a baby is born with a physical, mental, structural or biochemical abnormality. Birth defects can be caused for a variety of reasons, including the mother’s exposure to certain chemicals, genetic reasons, or hormonal reasons. However, a very serious and little known reason for birth defects can be the medication a woman takes during her pregnancy. Many women are unaware that simple over-the-counter and prescription drugs can affect their baby’s development. Read on for more information about birth defects in the USA.

Birth Defects in the USA

According to a birth injury attorney, birth defects remain the number one reason for the death of newborn babies in the USA. In 2006, 5,819 babies died because of complications from birth defects. Being born premature was the second most common cause of death, with 4,841 babies dying from complications of being born premature in 2006. The third most common reason for newborn death in 2006 was SIDS, or Sudden Infant Death Syndrome, which claimed 2,323 lives.

It has been estimated that 150,000 babies are born with birth defects in the USA each year. In fact, 3 percent of all babies born each year will suffer from some kind of birth defect.

Reasons for Birth Defects

There are a variety of reasons for birth defects. Surprisingly, the reason for birth defects cannot be categorized and understood neatly with the help of statistics. It is known that some birth defects are caused by genetics and inheritance, including chromosomal abnormalities (such as Down’s Syndrome), single gene defects (such as Tay-Sachs) and multifactorial influences, which is where genetics and environmental factors are combined to result in a birth defect. Additionally, some birth defects result just from environmental factors, and some result from medication taken by the mother during pregnancy.

However, the reason for 50 percent of birth defects are unknown. With so many factors at play, it is difficult for doctors to pin down exactly why a baby was born with a birth defect and as a result, there are no hard statistics to demonstrate which factors result in more birth defects than others.

Birth Defects and Medication

A birth defect that results from medication taken by the mother during her pregnancy is known as a teratogen. Teratogens can affect the fetus directly, they can damage the umbilical cord or the placenta, or they can even result in premature uterine contractions. Again, the effect of different teratogens cannot be summed up by statistics.

Different medications that are known to harm unborn babies include certain antibiotics, tranquilizers like anti-anxiety medication or anti-depressants, live vaccinations, sex hormones and anti-seizure medication. Skin medication such as Accutane and Soriatane are also known to be extremely harmful, and aren’t even recommended during the conception phase.

However, 2 out of 3 mothers will take some kind of medication during the course of their pregnancy. Women with epilepsy or other chronic illnesses clearly cannot avoid medication, as it will jeopardize their health and the baby’s health. Always see a doctor before going on new medication if you are already pregnant, and consult a doctor if you are currently on medication and trying to get pregnant.

If your child was born with a birth defect and you believe that it was a result of medication, consult a legal professional to see if you have a claim.  Gemma Law Associates, Inc. is a dangerous drug and birth defect law firm located in Rhode Island.  For more information about drugs that can cause birth defects if taken during pregnancy, visit the website at www.GemmaLaw.com

Protecting Your Personal Interests Following A Car Accident

[US law and general] Automobile accidents are a common source of injuries, property damage, and deaths. Motor vehicle collisions typically result from the negligence of one or both drivers. As a result, automobile accidents are a common source of litigation. When an accident occurs, both parties must take preventative actions to mitigate their potential losses. These actions are similar regardless of whether a party is at fault.

Do Not Admit Fault

Assigning fault in an automobile accident is paramount. Police officers will assign fault in significant accidents, which will result in citations and possibly an arrest depending upon the nature of the at-fault party’s conduct. Insurance companies will apportion blame between the parties, which will affect the amount of damages apportioned to each party as well as any increase in insurance rates. Any litigation is likely to involve a dispute over who was at fault and thus who is liable for the damages.  In these instances a lawyer will be required and websites such as www.dallascaraccidentlawyers.net can help find a reputable attorney locally to represent you.

Do not admit fault to the other driver. Regardless of who is at fault, it is common in accidents for both parties to blame the other. This can lead to spontaneous and seemingly superfluous utterances such as apologies and a concession that one party violated a traffic law with an assertion that the conduct did not cause the accident. If the matter ever results in litigation, such comments can be strong evidence of fault. Do not make such comments or acknowledge fault in any way. Making exceptions requires applying a bit of common sense; if the other driver appears to be reasonable and if the damages are little more than a couple of damaged body panels, offering to pay for the damages may be a calculated risk worthy of taking. It is still a risk, however.

Obtain a Police Report

For a driver who is not at fault, obtaining a police report at the scene of a collision is a wise decision. An investigation by law enforcement can determine which party was at fault by determining the respective speeds and positions of each vehicle at the time of impact and interviewing witnesses. This will help document the scene and provide an unbiased report to the insurance companies in the event of a dispute. In practice, having an officer come out to the scene may not be possible; in a non-injury collision or any collision on private property, many departments will not dispatch officers to take reports. When officers are dispatched, their involvement will be minimal in the absence of a serious injury or death.

Reports can be a mixed bag for the party at fault for the collision. On one hand, reports can help document the extent of the damage. On the other hand, a report may result in a citation and a clear assignment of liability. If the party who was not technically at fault for the collision contributed to the collision in some way and if that contribution was not reflected in the report, advocating for a reassignment of fault may be difficult.

Additionally, a report is an indicator that the party who was not at fault intends on handling the matter through insurance. Minor collisions may involve damage figures that do not exceed the at-fault party’s deductible, so going through insurance would just raise the at-fault party’s insurance rates. If the party who was not at fault is willing to handle the matter privately, a police report may not be necessary. However, one or both parties may reconsider handling the matter privately after discovering that the damages were more serious than expected. A police report is helpful to both parties in such a situation. If the police are willing to send an officer to take a report, contact them and ask them to do so, regardless of who is at fault.

Document Everything

Both parties must thoroughly document the circumstances surrounding the accident. Documenting the damage at the scene is essential; taking as many pictures of both vehicles as possible to clarify what was damaged will help the at-fault party avoid having the innocent party inflate the damages while the party who was not at fault will benefit from avoiding any arguments that the damages are less than they are. Thorough documentation of the damage to vehicles and any other property keeps all parties honest. Documenting the scene is also worthwhile. Note the layout of the road or parking lot, the prevailing weather conditions, and the amount of traffic at the time of the accident.

Preventing losses after a collision is less an exercise in avoiding liability as it is an exercise in containing the damage. Drivers should avoid making inadvertent admissions of liability and taking any actions that could result in a dispute over the damages. Careless statements and poor documentation may result in having liability assigned where it was not due or allowing one party to evade the damages altogether. 

Georgina Clatworthy is a freelance legal writer posting informative articles relating to personal injury, accidents and other consumer issues. Legal sites such as www.dallascaraccidentlawyers.net can offer victims of car accidents in Dallas, Texas the means to partner with a reputable attorney and handle their claim.  Partnering with a trustworthy lawyer is essential to ensure your rights and interests will be protected.

Health and safety in the workplace – a brief introduction

Under the law of England and Wales employers have obligations to their employees to take reasonable steps to prevent any physical or mental harm coming to them in the workplace. These obligations are both statutory and common law in nature. We’re going to have a brief look at these obligations in this post by examining the following:

  1. What obligations do employers have under health and safety law?
  2. How can employers potentially breach these obligations?
  3. What are the consequences if an employer breaches these obligations?

What obligations do employers have under health and safety law?

As above, employers have both statutory and common law obligations relating to the health and safety of their employees in the workplace

Statutory

There are various statutes under the law of England and Wales relating to workplace health and safety. These acts convey either civil or criminal liability if an employer fails to uphold their duty to take reasonable steps to prevent harm coming to their employees. These duties fall under the various statutes (among others – these are generally considered to be the most important):

  1. The Health and Safety at Work etc Act 1974
  2. The Workplace (Health, Safety and Welfare) Regulations 1992
  3. The Management of Health and Safety at Work Regulations 1999

Common law

The main common law duty is the duty to prevent reasonably foreseeable harm coming to their employees – also known as the tort of negligence. If an employee suffers some form of harm in the workplace because of the failure of their employer to provide a safe workplace (or reasonably competent colleagues etc.) or a colleague injures you in the workplace then the employee may have a claim against their employer for negligence. In order to succeed in their claim the employee would have to show that a third party owed the injured person a duty to exercise a reasonable standard of care, that the duty had been breached (by falling below the necessary standard), and that this breach of duty had caused the harm.

How can employers potentially breach these obligations?

Employers may breach these obligations if they fail to take reasonable steps to prevent harm to their employees. So, what are reasonable steps? Among other things, employers should:

  1. Carry out regular risk assessments
  2. Have sensible and safe working practices
  3. Have health and safety policies available for their employees to read
  4. Train their employees in health and safety; and
  5. Employ competent persons

What are the consequences if an employer breaches these obligations?

If an employer fails to uphold their duties relating to health and safety in the workplace then they may find that they are litigated against by an injured employee or subject to a criminal prosecution by the Health and Safety Executive. Both of these issues are extremely serious.

Please note: it is advised that you take specialist employment law advice on your obligations in the workplace.

Redmans are employment law solicitors based in Richmond and the City of London.

What are economic torts?

Employment law litigation normally involves some form of breach of a statutory duty or a breach of a contractual obligation that has resulted in some form of harm being suffered by the victim or a loss of earnings. However, there is another area that is hardly ever touched upon – common law economic torts. There are three economic torts under the law of England and Wales: the torts of procuring a breach of contract, causing loss by unlawful means, and conspiracy. We’ll have a brief look in this post at these three torts in the following order:

  1. Procuring a breach of contract
  2. Causing loss by unlawful means
  3. Conspiracy

Please note: it is advised that you obtain employment law advice from a specialist solicitor before acting on the below information.

Procuring a breach of contract

This tort deals mainly with employees who have been induced by another person (whether another employer or a third party) to breach their contractual obligations to their employer. In order to succeed in pursuing this tort a Claimant must show that:

  1. There has been a breach of contract; and
  2. That damage arises from such a breach; and
  3. The Defendant knew that it was inducing a breach of contract; and
  4. The Defendant intended to procure a breach of contract

Causing loss by unlawful means

This is a tort which does not depend on the existence of a contract to allow a wronged party to pursue a claim (as the above claim of procuring a breach of contract does) but allows a victim of a wrongful act to pursue a third party if the cause damage to them (the lead case of causing loss by unlawful means is Tarleton v M’Gawley [1790], where the captain of a ship fired a cannon at a canoe approaching another ship to prevent the other ship from engaging in trade. In order to succeed in pursuing a claim of this nature a Claimant must show that:

  1. An unlawful act was committed by the Defendant (one that would have been civilly actionable by the injured party);
  2. Which interfered with the actions of a third party in relation to the Claimant;
  3. That there was intention to cause some form of loss to the Claimant; and
  4. That the Claimant has suffered some form of loss

Conspiracy

Conspiracy (which is normally known as a criminal offence) occurs when two or more parties agree to undertake some action with the intention of causing another party loss. As with the above tort of causing loss by unlawful means, there does not have to be a contract in existence to pursue the claim. However, a Claimant must demonstrate the following elements if they wish to be successful:

  1. A combination or agreement between two or more legal persons; 
  2. An intent to injure (i.e. cause some form of loss;
  3. An act which carries out that intention to injure; and
  4. Some form of loss suffered

Direct 2 Lawyers offer specialist advice from compromise agreement solicitors and employment law solicitors.

Pensioner’s personal injury claim fails in Court of Appeal

The Courier reports that a pensioner has failed in his personal injury claim in the civil courts after it was ruled that he had left his claim too long to succeed.

Mr Clifford Sayers, 66, made a claim for compensation against his former employer, Baroness Chelwood, after he claimed that he developed  “induced noise deafness” because he had worked for her as a gardener. He commenced employment with Baroness Chelwood’s Uckfield home in 1981 and worked for 19 years as a gardener until his retirement in 2000. Mr Sayers’ duties at the Chelwoods’ home included mowing the lawn and tending to their garden. This involved the use of gardening tools, including lawnmowers, chainsaws and other power tools, and Mr Sayers claimed that it was the use of these – and the failure to provide adequate safety equipment for him – that had resulted in the injuries to his hearing. He therefore used personal injury solicitors to claim accident injury compensation in 2008, eight years after his employment had ended.

Employers have a statutory and common law duty to take reasonable steps to prevent foreseeable injury to their works. Under the various statutes employers have duties to provide employees with the necessary equipment to allow them to carry out their responsibilities (the Provision and Use of Work Equipment Regulations 1992) and provide a safe place and system of work for their employees (the Workplace (Health, Safety and Welfare) Regulations 1992). Employers also have common law duties to prevent foreseeable harm to their employees and to provide a safe workplace for their employees.

The High Court rejected Mr Sayers’ claim as outside time – employees generally must submit a personal injury claim within three years of their suffering the injury (or having knowledge that they’d suffered the injury). Mr Sayers, however, left at least eight years between the end of his employment and submitting the claim. This was fatal to the prospects of success in his claim. The Court of Appeal upheld the High Court’s ruling.

Baroness Chelwood made the following comments about the case: “I am very happy as he did not deserve it. He had no claims to any kind of illness. This claim was very greedy. He had everything he needed to do that job including ear protectors. There was nothing stopping him putting cotton wool in his ears.”

Mr Sayers did not comment on the case. It is believed that there may now be a substantial claim for costs against him.

Redmans Solicitors offer expert advice from personal injury solicitors and employment law solicitors

What to Do to Prevent Dog Attacks

dog trainingA dog may be man’s best friend, but there are always too many cases of dog attacks. Dog attacks can result in serious injuries, and sometimes, they may even be deadly. That’s why the best way to deal with them is to prevent them from even happening. Here is what to do to prevent dog attacks.

Adult Supervision Around Kids and Dogs Is Key

Kids do the darnedest things, which can include meeting dogs off-leash that happen to be roaming the neighborhood. Children are, of course, more susceptible to dog attacks because of their small size, which is why parental supervision is a good deterrent against attacks. A dog simply roaming the neighborhood likely got loose from its owner’s backyard, which can also be dangerous for the dog.

Talk to the Dog Owner Prior to Greeting a Dog

If kids, and even adults, want to pet a dog, the owner of the animal must always be asked first. Various dogs have different temperaments, and as such, some dogs can be afraid of strangers and even of children. On the other hand, some dogs, being unfamiliar with kids, might be highly excited around them, which can lead to attacks.

The Dog Should Be Approached from Below the Neck

Preventing an attack has so much to do with the angle of approach when you’re petting a dog or attempting to. For almost everyone, it is a natural movement to attempt to pet a dog by approaching it from above; they want to pet the dog on the top of its head. Unfortunately, some dogs may interpret this as a threat! If the dog feels cornered, it is going to do one of two things: respond with aggression, or run away. If it responds with aggression, you’ve got a dog attack on your hands.

Folding Arms and Turning Away

If a dog should jump on you, you can do a lot to prevent an attack. First, you should simply stand up. Then, you must fold your arms to prevent the animal from having access to your hands. Finally, you should turn away from the dog so that you can withdraw your attention from the situation. Note that you must absolutely not move away or back away from the dog, as this will actually encourage it to jump forward.

A dog attack can be a highly traumatic situation. It will end up badly for both you and the animal, as the animal will likely be put to sleep as a result. In order to prevent this horrible situation, you should keep the above tips in mind the next time that you are around any dog. A dog may be man’s best friend, but unless complete trust with the dog has been established, proceed with absolute caution.

If you or a loved have been injured during a dog attack, seeking legal counsel is crucial.  The Driscoll Firm, P.C. is dog bite and dog attack injury law firm located in St. Louis, Missouri.  For more information about dog attacks and recovering expenses associated with injuries sustained, visit the website at www.SettlementHelpers.com.

 

Quitting Smoking With Chantix May Be More Costly Than You Think

ChantixPeople attempt to quit smoking on a regular basis, and sometimes they succeed. Often, they find themselves seeking alternative therapies, some of which may include the use of prescription medication. Chantix (varenicline), developed by Pfizer, is a non-nicotine smoking cessation drug that offers an apparent 44 percent success rate when combined with anti-smoking education, according to the Chantix official website.

Other studies though, such as one published in the Nicotine & Tobacco Research journal shows only a 14 percent success rate after 24 weeks on the medication. Although Chantix has a record of helping a percentage of people in their attempts to quit smoking, people are asking themselves if the potential side effects are worth it. Read further to see how Chantix can have serious effects on health.

Behavioral Changes with Chantix

Often, medications come with warnings taped to their containers and written in their pamphlets. Behavioral changes are distinctly associated with Chantix, and the company’s website makes the following warning: “Some people have had changes in behavior, hostility, agitation, depressed mood, suicidal thoughts or actions while using CHANTIX to help them quit smoking.”

Physical Changes with Chantix

Behavioral changes are just one of the possible side effects of this drug. Though the Chantix website doesn’t provide any specific percentages when it comes to how many people are affected by changing moods, they do make it quite clear that 30 percent of people who take Chantix end up feeling nauseated. The other common symptoms include sleep problems, vomiting, constipation, and gas.

Increase in Heart Attack Risk with Chantix

Possible death is a warning that is sometimes found on medication packaging. Chantix warns of an increased risk of heart attack. John Hopkins University researchers studied 8,216 patients who were on the drug and they found that one in every 400 patients developed a heart attack or similar disorder while on Chantix.

Increased Suicide Risk with Chantix

In addition to the potential risk of heart attack or heart-related disorder, death is a serious potential side effect in Chantix users. In 2011, the Institute for Safe Medication Practices published that 272 people had committed suicide while taking Chantix. By 2011, with this number of deaths, Chantix had more deaths associated with it than had any other monitored drug on the market at the time.

Pfizer also warns people who are taking Chantix that they may have serious allergic reactions to the anti-smoking medication. They go as far as to say that some of those reactions can be life-threatening, such as swelling of the face and neck, and troubles breathing.

With smokers make up nearly 20 percent of the US population, it’s no wonder people are looking for ways to quit. Considering all the options and weighing out the risk of Chantix and other smoking cessation drugs, it’s clear to see why people are beginning to question Chantix and its side effects.

If you or a loved one have experienced harmful side effects because of taking Chantix, it is important to seek legal representation as soon as possible.  The Cagle Law Firm is a dangerous drug law firm located in St. Louis, Missouri.  For more information about the detrimental side effects of Chantix, visit the website at www.AllInjuryAttorney.com.

A Guide to Road Accident Claims

Over 1 million road accidents occur each year in the UK. The majority of these incidents are only minor and people walk away unharmed. However, some are far more serious and result in injuries being sustained and in some cases, even fatalities. In such situations a personal injury claim for compensation can be made.

Whenever you get behind the wheel of a car or ride a motorbike, you have a duty of care to yourself and other road users.  Unfortunately, sometimes people do not act responsibly behind the wheel and cause an injury to themselves and or others. You can make a road accident claim as a passenger, driver, cyclist or even a pedestrian as long as someone else is at fault for the incident and your injuries.

What to do if you Are Involved in a Road Accident

If you sustain an injury whilst involved in a road accident, I understand that the chances of you being able to think about what to do in the case you make a claim are remote, but if you can, try to do the following:

Exchange driver details ­– It is essential that you talk to the other driver(s) involved and take down their details, such as phone number and address. You will need to contact them if an injury claim is made and they were at fault or are a witness. If the other driver is at fault, avoid getting into a blame game conversation as you could say something you may regret and this could possibly adversely affect your personal injury claim.

Talk to witnesses – Witnesses are key to any personal injury claim as they can give an impartial view of what happened. If a witness can confirm your version of events then be sure to speak to them at the time of the accident if possible and take down their details. If you aren’t in a fit state to talk to witnesses, try and get someone else to talk to them or find them at a later date.

Seek medical attention – Your health is the most important thing, so make sure that you seek medical attention at the first possible moment. Not only will a doctor be able to treat you, they will also write up a report that states what injuries you have sustained and how they will impact your life. This acts as a vital piece of evidence in any claim as it informs people as to exactly what is wrong with you.

Find a personal injury solicitor – Once you have gathered some initial evidence to support your claim, you will need to find a personal injury solicitor who can manage the case. Try to find a solicitor who either specialises in road accident claims or has successfully handled a similar case before as this will give you a far better chance of having a successful claim.

In the meantime, if you would like a quick compensation estimate then it is suggested that you use an injury compensation calculator. This will provide you with a rough estimate for your injuries based on the average pay-out amounts of previous claims. However, your solicitor will be able to give you a more accurate figure once you meet with them.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.

When Young Drivers Take Too Many Risks

One can simply turn on the news and realize that the world isn’t always safe for teenagers. Unfortunately, besides these dangers, teens often experience peer pressure, bullying and many other stressful issues that we were all excessively excited to leave behind in high school. Regrettably, teens frequently put themselves at risk further by engaging in dangerous driving habits. It is important for every teen and parent to understand the consequences of risky driving behaviors; it could very well save a life.

Drinking and Driving

Drinking and driving is a huge issue when it comes to unsafe teen driving behaviors. Teenagers are at a huge risk for car accidents, and recent studies have shown that nearly forty percent of teen traffic fatalities are alcohol related. Another scary statistic is the fact that the average BAC for underage drunk drivers involved in car accidents is .40 percent.

It’s also important that teens understand the legal consequences that they could face; even if they don’t injure themselves or anyone else when doing so. The legal BAC for underage drivers in many states is much lower than .08 percent, and this makes it much easier for underage drivers to get a DUI charge. Whether you are in San Diego or in Orlando DUI charges are serious. A teen can face fines exceeding $2,500, suspension of their license for three years, probation up to five years and even up to one year in jail. These penalties can put a serious dent in a person’s young life.

Texting and Driving

Texting and driving has become a rather large issue in the United States over the past few years. Many states have outlawed the practice altogether, and even more states have gone so far as to not allow underage drivers the use of their cell phones at all, while driving. This isn’t a terrible idea once one considers the statistics related to this distracting behavior.

Research has recently shown the detrimental effects that texting can have on teen drivers. One study showed that teens who are texting while driving spend about ten percent of their entire driving time outside of the bounds of the lane that they’re supposed to be in. This can obviously result in disastrous outcomes.

A large amount of all car accidents each year are caused by ‘distracted driving’.  Eighteen percent of fatal crashes that resulted from distracted driving were attributed to cell phone use, and a large amount of these crashes were caused by young drivers. The main point here is that texting while driving is dangerous for anyone, but it is often deadly when combined with a teen’s driving inexperience.

Fatigued Driving

Driving fatigued is another dangerous driving habit that many people engage in.  Once again, however, it is more pronounced in underage drivers. About one out of every five car accidents in America is caused by fatigued driving. Of these accidents, more than half are caused by teenagers who were tired behind the wheel. This statistic should rattle a parent’s nerves once they find out that the fatal vehicular crash rate for teenagers between the ages of sixteen and nineteen is four times higher than that of older individuals.

Recent studies have shown that being deprived of sleep for twenty-four hours is roughly equivalent to having the blood alcohol content (BAC) of .10.  Knowing this, parents should take care that their teens aren’t driving while fatigued. This should include restricting driving if a teenager was up late studying or doing anything else. Parents should be able to provide their teen a ride to school or other important obligations if they didn’t get enough sleep.

When we were teens, we all faced many different events in our young lives. The one thing that remained the same is that, it was a time when we all likely made relatively risky decisions. Teenagers don’t always have the most sound judgment when it comes to anything; driving included. This makes it absolutely essential that they understand what can happen when they take unnecessary risks while driving.

Paralegal Kelly Kovacic recognizes that teens may not always understand the consequences of their actions, and so she contributes articles to bring awareness to these topics. If you were in Florida and received an Orlando DUI charge the attorneys at Katz & Phillips, P.A. will make sure you get the best results possible. The attorneys at this firm know what charges to challenge to preserve a young teen’s future from years of harsh consequences.