Raleigh DWI Lawyer

Traumatic Brain Injury

Posted on 27. Feb, 2010 by Admin.

•  Leading Causes of Traumatic Brain Injuries
• Accidents and TBI: Common Causes

Of all the major types of injuries, brain injuries are certainly one of the most dangerous and can often result to lifelong debilitating defects. Traumatic brain injuries are one of the leading causes of death and injuries worldwide. It is estimated that around 5 million Americans today suffer from medical complications as a direct result of brain injuries.

Studies show that the occurrence of traumatic brain injuries are often age related. The nature and type of accident has a direct correlation with the person’s age. Teenagers are more likely to suffer from TBI’s due to car and automotive accidents while a toddler’s brain injury is mainly due to accidents at home.  

Common Causes of Traumatic Brain Injuries

 Automotive accidents

Traffic accidents make a huge chunk of all traumatic brain injuries. The combination of a fast moving vehicle and a sudden stop causes traumatic brain injuries due to the head hitting the steering column or a violent head backlash. Contrary to popular belief, traumatic brain injuries in car accidents are not due to penetrating wounds but blunt injuries. Brain concussions and internal hemorrhage are common injuries found in automotive accidents and are the leading cause of death.

Falls and Accidents

Falls are the leading cause of brain injuries among kids and the elderly. Accidents at home account for most brain injuries suffered by children. Keeping your home safe for children should always be a major priority for parents. Placing a rug inside the bathroom prevents slips which are the major cause of accidents at home. A carefully placed carpet in the staircase also prevents children from falling and banging their heads on the stairs edges.

Persons aged 65 years and older are also more prone to traumatic brain injuries. Old age weakens the bones causing them to be more susceptible to head injuries. Head trauma is more complicated in the elderly because of their slower and weaker healing process.

Sport Injuries

High contact sports such as American football, basketball and fighting sports such as boxing are also a leading cause of traumatic brain injuries. Great strides have been taken in making these sports safer the physical nature of the game continuous to be a major cause of brain injuries. The introduction of safer head and sport equipments together with the availability of emergency medical services during games have improved the chance of players recovering from such injuries.

For more information visit:   Personal Injury Law Firm Wurtzel Law, serving clients in Plainview, NY.

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Truck Underride Accidents

Posted on 26. Feb, 2010 by Admin.

An underride accident occurs when a passenger vehicle collides with a tractor-trailer truck or a single, straight truck, thus running under the truck and possibly shearing off the roof of the passenger car. In many cases, these accidents are fatal to the passengers and driver of the smaller vehicle. In some situations, the occupants of the passenger vehicle may be fortunate enough for the collision to occur near one of the truck’s axles, which would prevent the vehicle from completely sliding under the truck, thus sparing lives.

The National Highway Traffic Safety Administration (NHTSA) reports that a very high percentage of these accidents are the result of driver expectation. While exact figures cannot be obtained, due to uneven law enforcement reporting practices, it’s a known fact that drivers just don’t expect to encounter a tractor-trailer stretched across the road in front of them.

But at night, the danger is amplified, since the lights of the disabled truck appear to be located in the oncoming lane. As the driver of the passenger vehicle approaches the truck, the truck’s lights appear even brighter, which will increasingly divert the driver’s attention. This prevents the driver of the passenger vehicle from seeing the trailer portion of the truck. Once the driver can visualize the trailer, there isn’t enough time to stop or swerve out of the way – and the passenger vehicle goes under the trailer. Just prior to impact, the passenger vehicle driver’s perception reaction time (PRT) usually goes beyond 1.5- 2.0 seconds.

In an explanation of PRT – if the oncoming vehicle is travelling at a speed of 50 mph (which is 75 feet per second) and the PRT is 2.0 seconds, the driver of the oncoming vehicle would have travelled 150 feet before being able to react (by braking, swerving, etc.). The greater the PRT, the greater the distance travelled before being able to react.

This type of accident is more prevalent on interstates, where drivers encounter larger areas of relative darkness, as opposed to toll roads that provide adequate lighting. With limited lighting, the trailer is not silhouetted and therefore cannot be identified as readily. However, even with better lighting, the truck is still represented as a dark shape against a dark background, which is hard to see.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you would like to know more about truck accidents, you can visit attorneys Todd Elias and Steven J. Gordon, at their Texas accident law firm website.

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Probation and Surveillance Officer Duties

Posted on 24. Feb, 2010 by Admin.

In general, parole and probation officers will not wear a uniform – but will dress in standard business attire or occasionally, casual wear. This will assist them in forming a more productive relationship with the parolees that are assigned to them. However, they will carry some form of credentials, such as a badge, and they may also carry concealed weapons for self protection – especially when serving an arrest warrant. Individuals who are assigned law enforcement powers are classified as peace officers and, as such, are required to attend a police academy as part of their certification and training.

Agency
Agencies that supervise probation have a command structure similar to that of the military. An agency is usually headed by a Director or Chief Probation Officer. Moving down the chain-of-command, there will be an Assistant Director or Deputy Chief. From there, a Senior Probation Officer or Supervisor will work with individual line officers. Parole officers can supervise general caseloads or they can specialize in one particular area of offenders, such as GPS monitoring, mental health issues and sex offenders.

Probation Officer
A probation officer will perform various functions assigned by the court. Those functions usually involve supervision and research the offender’s criminal and personal history, prior to sentencing. Parole and probation officers must possess a broad knowledge of legal issues as well as possess excellent communication skills – both oral and written. In addition to understanding the various aspects and roles involved in their particular jurisdiction, they must understand the social relationships of the community. The citizens in the parole officer’s jurisdiction may be extremely diverse and there may be additional potential hazards when associating with an element of the criminal population.

Surveillance Officer
In some localities, probation departments may have a specialized position known as a surveillance officer. This position affords all the authority of a probation officer and they can sometimes have the responsibilities of peace officers. This will entail attending a police academy, serving arrest warrants and carrying concealed weapons.

Please note that this article is for informational purposes only and is not intended as legal advice.

A probation hearing may involve complex legal issues that are best addressed by an attorney. If you need further assistance in this matter, don’t hesitate to contact probation attorney Gary R. Jodat, in Sarasota, Florida.

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Common Types of Medical Malpractice

Posted on 17. Feb, 2010 by Admin.

Medical malpractice comes in many more forms than those shown in high-profile cases: anesthetic errors, surgical accidents, amputation of the wrong limb. There are practically as many types of medical malpractice as there are fields of expertise in medicine, of which there are dozens, if not hundreds. However, most cases of medical malpractice fall under one of six categories: emergency room errors, misdiagnosis, prescription errors, birth injuries, surgical errors, and general neglect.

Emergency room errors
Because of its fast pace and high-stress environment, the emergency room is the most common site of medical errors. While some safety measures are standard, some hospitals fail to comply due to budget, staffing, or organization problems. Common emergency room errors include delayed treatment, insufficient first aid, and poor sanitation.

Misdiagnosis
This term can refer to a wrong, delayed, or missed diagnosis, which results in a delay or complete lack of treatment that aggravates the patient’s condition. Effects can range from pain and discomfort to long-term injuries or death. Commonly misdiagnosed conditions include cancer, meningitis, heart attacks, stroke, and brain injury.

Prescription errors
In this type of malpractice, the fault can be attributed to the prescribing doctor, administering nurse, pharmacy, or pharmaceutical company involved. This can include the unauthorized use of experimental drugs, incorrect dosage, poor administration, or prescriptions inappropriate for the patient or the patient’s condition.

Surgical errors
Its delicate and high-risk nature makes surgery an easy site for medical errors. A surgical error can result in anything from post-operation pain to unnecessary loss of a body part. Anesthesia errors, wrong-site surgery, and the use of improperly sterilized equipment are among the more common types of surgical error.

Birth injuries
Errors in the birthing process can cause long-term disability or death for the mother or child, or sometimes both. These include improper monitoring of vital statistics, inadequate care, and inappropriate medications. Such errors can lead to brain injuries, fractures, cerebral palsy, infection, or stillbirth.

General neglect
A study by the House of Representatives showed that around 30% of nursing homes in the U.S. have had incidents of patient abuse, which cause hundreds of otherwise preventable deaths. Most cases of nursing home neglect involve failure to provide proper medication, appropriate diets, adequate supervision, and protection from safety hazards.

This article is purely for informational purposes and must not be taken as legal advice.

Additional legal resource: The Barber Law Firm, Dallas, Texas. Serving clients in the Greater Dallas area.

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Truck Accidents Caused by the Trucking Industry

Posted on 30. Oct, 2009 by Admin.

When investigating an accident there may be some initial assumptions on what caused the accident. It may have been excessive speeding by the truck driver. It could have been a poorly maintained truck. It might even be a load that is excessive or unbalanced. These are just some of the factors that cause trucking accidents. While they may seem like these are the fault of the driver and his trucking company, many can actually be traced back to the trucking industry itself.

One factor involves inadequate training. All drivers do no receive the same level or quality of training. There are many reputable and accredited truck driving schools who strive to graduate safe and responsible professional truck drivers. Unfortunately, there are too many training schools who only give rushed training. They teach just enough to get the driver through a licensing exam. They fail to teach good driving technique and road safety concerns. They don’t teach the student driver good defensive driving skills. There are too many truck accidents that might have been avoided if the driver had received quality training.

A second way that the trucking industry causes accidents is their system of compensation. Many trucking companies have pay schedules that encourage speeding because they pay more if the truck reaches the destination sooner. This makes drivers speed on their routes hoping to make the extra money. Truck speeding can cause many different kinds of accidents including rollovers and jackknives.

These compensation plans that are based on delivery time may also tempt the truck driver to avoid sleep. They may figure that it is worth more to stay on the road a few more hours than pull over to sleep. They make take prescription or non-prescription stimulant drugs to help keep them awake. These drugs can affect their decision making capabilities and may slow their reaction times. They can also wear off suddenly, making the driver very drowsy and in danger of falling asleep while driving.

Another factor that is related is the expectations of the trucking industry. Many have schedules that are almost impossible to meet. They do not take into account factors such as inclement weather or road conditions. They work out schedules that they expect the truck drivers to meet. These unrealistic expectations put a burden on the drivers, forcing them to drive faster to meet the deadlines. They speed down the highways disregarding any risks that could cause an accident.

When a truck accident occurs often the initial blame is put on the truck driver. It is true that they will carry some responsibility. They drove too fast and too reckless. They failed to keep their truck properly maintained. They did not do the safety checks that are required before and during trips, including making sure tires are properly inflated and brakes are in good order. But while they have some responsibility, there are practices of the trucking industry and its companies that can contribute to many of the accidents involving commercial trucks.

This article is not to be construed as legal advice.

Related Legal Website: For additional reading on truck accidents please visit the Law Offices of Gordon & Elias, LLP. Serving clients nationwide and in North Florida.

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Divorce Law and Types of Child Custody

Posted on 28. Oct, 2009 by Admin.

Determining what is in the best interest of the children after a divorce is very important. There are a number of different options for child custody, and it’s important to keep the interests of the child first and foremost when determining what kind of child custody is best.

Physical Custody

Physical custody refers to which parent the child will live with. In the case of joint physical custody, the child spends a good deal of time with both parents. This can be successful if the parents both live relatively near to each other, allowing the children to spend time with both parents which may help them to maintain a sense of normalcy after divorce.

Legal Custody

Legal custody refers to having the right to make decisions regarding how to raise the child. In many states courts prefer to award joint legal custody, so that decision making must be shared between both parents. Some examples of the decisions parents are responsible for with legal custody include:

• Schooling
• Religion
• Health care

Sole Custody

Sole custody can refer to either sole physical custody or sole legal custody. Sole custody is more likely if one parent has been found to be an unfit parent. Even if the child lives with only one parent, meaning one parent has sole physical custody, often the parents will have joint legal custody, which means they will share in the decisions as to how to raise the child.

Joint Custody

Like sole custody, joint custody can be joint physical custody or joint legal custody. Joint physical custody is when the child lives with both parents. Joint legal custody means that both parents must work together to make decisions that affect the child.

Joint custody has both advantages and disadvantages. The biggest advantage is that both parents are still in the child’s life. However, if the parents don’t get along, the arguments that can arise from joint custody can have a negative impact on the child. Also, if the child has problems adapting to change, or needs a great deal of stability, joint physical custody can be hard for them. Having a different home each week can be stressful for a child that doesn’t like change.

Joint custody works best when the parents are able to communicate with one another openly and come to decisions based on what is best for the child. If the parents have a great deal of anger toward one another, joint custody might be detrimental to the child, as every decision can end in a heated argument.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Source: For more information on child custody please visit WurtzelLaw.com

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Truck Accident Lawyers That Do What They Say They Will Do

Posted on 13. Oct, 2009 by Admin.

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Charging Against Criminal Threats in Raleigh

Posted on 09. Sep, 2009 by Admin.

Many people have the unfortunate experience of terroristic and criminal threats.  Depending on the type of threat, these can be charged as felony or misdemeanors.  When a threat is charged as a felony, it is very significant.  Make sure that you find a Raleigh attorney who specializes in criminal defense law.  The intent of such threats is usually with the intent to injure, destroy, or kill a person.  This intent must be clearly stated or a plaintiff may not get the results that they are looking for.  The plaintiff must have feared for their life when a threat is charged as a felony.  The penalties for a felony threat are very serious.

The consequences for criminal threats are very serious.  There are very few options for the person if they are found guilty of such a charge.  Possible penalties include up to three years of jail time, probation or parole, fines, and the loss of ability to own a gun.  This can make a serious mark on anyone’s life.  You could ruin your family life, lose the ability to find employment, not be able to pay bills, and so much more.  This is extremely serious and requires attorneys that have the knowledge to deal with the situation.

Raleigh criminal defense attorneys can help you make a case.  Many components must be proven.  The case must show willful intent to cause injury or death.  It needs to be shown that a threat was clearly made without other possible interpretations.  It must have caused reasonable fear in the person that it was aimed at.  A good defense attorney can help discredit a case.  This is done by presenting evidence and other factors that lead to the interaction or conversation.

This information is not legal advice. Please contact a Raleigh criminal lawyer for counsel regarding your specific situation.

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Have a DWI? Hire a DWI Attorney.

Posted on 12. Aug, 2009 by Admin.

Aside from this, a DUI lawyer may be able to erase a suspect’s DUI arrest from his permanent record; appeal a license suspension by the state until trial commences; reduce the charged to reckless driving for first time offenders resulting to lesser fines and reduces license suspension time and even decide if the suspect should have been pulled over in the first place to perform a DUI test on the driver and if it was properly performed.

The more common mistake that DUI suspects make is not getting a DUI lawyer to save money since services of lawyers are expensive.  If you enter a deal with the state, a DUI lawyer can bargain for lesser jail time and fewer fees paid to either the victims of the DUI accidents and the state. On the contrary, suspects who choose to represent themselves pay more on fines and even spend jail time.  Prosecutors may even use this to attack the suspect on matters he has on expertise on.

Keep it mind that a charge will not surely result into a conviction.  If you are able to get the right lawyer for the case, you have a great chance of acquittal.  Leave it to the experts to find ways in getting you through your DUI properly.  It’s their job to prove your innocence so let them do their job.

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More DUI/DWI Myths

Posted on 31. Jul, 2009 by Admin.

Myth: A person can go to the bar and drink anywhere from three to five single-shot drinks and still test negative for a DUI.

Truth: The law says that in order for the average person to stay under the illegal BAC level when driving they can only consume one drink per hour. Even consuming one drink per hour may cause your BAC level to exceed .08, depending on your body type and how often you consume alcohol.

Myth: If the government lowers the legal BAC level then this will lead to less people drinking and driving.

Truth: It doesn’t matter what the illegal BAC level is; there will still be people that drink and drive. It has been calculated, in most DUI arrests the person is far beyond the legal BAC anyways. There are rarely people that drink and keep their BAC level in mind.

The most important lesson to be learned from some of the myths I have featured is that do not drink if you are going to drive.  Plain and simple.  If you are going out with friends and you plan to consume an abundant amount of alcohol, you need to make certain that you get a designated driver.  Getting behind the wheel is a big responsibility that should not be taken for granted no matter what day and age.  Think of the innocent lives that we have lost because of the sheer recklessness.  Think about your own life and the hurt that your family will be put through if they lose you.  Think about your future.

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