The Law for Accidents's blog

Trucking Accidents - Most Common Causes of 18 Wheeler Trucking Accidents

Driving a vehicle is always a dangerous task. There are a very view aspects of driving that an individual control, but the most dangerous part of driving is not knowing what the car in front or behind is going to do. Not knowing the results of another person’s actions is the most dangerous factor in driving a vehicle. When it comes to larger vehicles, such as 18 wheeler trucks, there are even more uncontrollable factors that a person cannot control. 18 Wheelers are perhaps the most dangerous vehicle, and there are a number of common reasons for their accidents.

This information is provided as a reference and for educational purposes only, contact an experienced Mesa Truck Accident attorney for legal and related counsel.

Driver Fatigue

Perhaps the most common cause of an 18 wheeler accident is because the driver is tired and is not completely aware of what is happening on the road. Truckers spend several hours on the road without any rest and this can cause them to become fatigued and potentially dangerous to the drivers around them. While becoming fatigued is not preventable for truckers, it is possible for them to decide and pull off the road and rest. Knowing when to take a break and rest is the most controllable factor that a trucker has on the road, but many times they think they can continue driving and not endanger the other drivers.

Texting and Driving

With modern technology, people have the ability to communicate with one another without ever speaking a word. Texting is one of the most popular tasks that people do on their regular cell phones and smart phones. While texting is a great way to stay in contact with friend or family, it is not great to be doing while a person is driving a vehicle. Texting causes the driver to focus their attention off of the road and on their phone. When a person is driving an 18 wheeler, there is even more risk because there are blind spots on the road, and there is more weight being hauled behind the driver than in a regular car. Texting accidents are becoming more frequent and cause some of the worst injuries to those involved.

Drugs and Alcohol

Driving under the influence is always a problem no matter what type of vehicle is being driven. Alcohol makes a person less capable of reacting to an incident on the road. While some people say that they are capable of driving and drinking, those are the ones that are the most dangerous because they truly believe that their reflexes and judgments are unaffected. When driving a large vehicle, such as an 18 wheeler, there are even more precautions that need to be taken to ensure the safety of the driver and others. When the driver is drinking, they are less likely to notice any problems with their brakes or cargo, and this can lead to a number of problems for the driver of the truck and everyone else around them.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Oil Spills – Deep Water Horizon and its effects

On April 20, 2010, an oil rig operating in the Gulf of Mexico called Deepwater Horizon caught fire after suffering an explosion. Over the course of the next three months, five million barrels of oil leaked into the Gulf. It was the largest oil spill disaster in American history. British Petroleum (BP), the company running Deepwater Horizon, was heavily criticized by environmentalists and President Barack Obama for allowing the disaster to happen. The President promised to exact restitution from the company for the oil spill.

Environmental Impact

The oil that leaked into the Gulf eventually contaminated beaches in Mississippi, Louisiana, Alabama, and Florida. The environmental impact was initially projected to be devastating. However, most of the BP oil spill is underwater. This was the unfortunate result of the oil rig sinking after the explosion and fire. Scientists have estimated that it will take years to accurately gather all the necessary data before making any assessments. The head of the National Oceanic and Atmospheric Administration, Dr. Jane Lubchenco, is optimistic. She stated, in an interview with the Associated Press, that health of the Gulf was "better than people feared."

The unique scope of this disaster makes collecting data difficult, unlike the Exxon Valdez oil spill in Alaska in 1989. Exxon Valdez spilled all of the oil on the surface of the ocean, making it easy to identify and clean up. Deepwater Horizon's oil is mostly underwater. Huge plumes of oil are floating thousands of feet beneath the sea surface. The potential impact of the oil plumes on deep sea life is unknown. The complex ecosystems that thrive at deep sea levels may be damaged or wiped out due to the oil plumes. On August 19, 2010, scientists announced the discovery of an oil plume 22 miles long, 3,000 feet below the ocean surface.

Industry Effects

President Obama banned all drilling operations in the Gulf of Mexico after the oil spill. On June 22, 2010, the ban was overturned by U.S. District Judge Martin Feldman. The Obama administration continued to stonewall new attempts to gain permits to drill in the Gulf, which led to Feldman ruling the administration in contempt in February 2011. To date, only a few drilling permits have been issued. This has had an adverse impact on the economy and the petroleum industry.

Other industry impacts include new oil spill prevention systems for oil and natural gas producers operating in the Gulf. Two industry consortiums, the Helix Well Containment Group and the Marine Well Containment Company, have developed these systems. New initiatives are underway, helping companies plan ahead for oil spill prevention in the future. The petroleum industry is adapting to these challenges.

Contact a BP Oil Spill attorney for additional information.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Motor Vehicle Safety Tips

In the year 2009, roughly 5.5 million car accidents occurred in the U.S. Of those large numbers, 31,000 accidents resulted in death. If an individual or family unit wishes to prevent such a scenario from happening to them, there are motor vehicle safety tips below for their consideration.

1.  Drive Carefully.
   A car accident can easily occur if one or more of the drivers involved were not paying apt attention to their speed. For this reason, a driver may want to make sure that they are going the speed limit, and that they are aware of the other cars on the road, no matter the hour of the day.
2. Do Not Drive While Tired.
   A driver may not be able to concentrate fully on the task at hand if they are tired and feel the need to sleep. Only a driver that is adequately awake and able to focus should be exposed to the steering wheel.
3. Have Car Checked.
   For Problems Should a part of the car malfunction, such as the brakes, this can cause a car to lose control and bring about an accident. Auto repair shops can be called to look everything over and make sure that the various parts of the car are working properly.
4. Wear Seat Belts.
   In many areas of the country not wearing a seat belt is against the law. When this law is followed there is less of a chance for injury for anybody during an incident.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Attorney Elan Wurtzel P.C. provides focused legal counsel within the area of Car Accidents, and has provided this for informational purposes only.

Medical Malpractice and Hospital Negligence – Who’s to Blame?

Medical malpractice is defined as the failure to provide proper medical care according to the standards set by the medical community. When a doctor goes into practice, they are required to recite the Hippocratic oath. This oath commits a doctor to treating patients as best as they can, in order to avoid harming the patients entrusted in their care.

Hospital negligence is a type of medical malpractice, in which a medical professional fails to correctly diagnose and/or treat a patient. For an act to be considered negligent, another medical professional should have been able to correctly treat or diagnose the condition if put in a similar situation.

While negligence is commonly called “hospital negligence”, the mistake may have occurred at any medical facility or location where a patient was being treated. It is also worth noting that, for an act to be considered medical malpractice or hospital negligence, the mistake must have resulted in injury or death.

How is Blame Assigned in Malpractice and Negligence Cases?

It is not always easy for patients to determine whether they have been the victim of malpractice or negligence. After a patient has been injured, doctors are not usually quick to admit their mistake. It can also be tricky to determine whether an injury was actually due to negligence. For example, if a physician made a reasonable misdiagnosis, it can be difficult to say whether he or she was truly negligent.

However, there are certain cases where a medical professional is undoubtedly at fault. If a physician misdiagnosed a patient because they refused to run additional testing, that would be considered negligent. Many surgical errors, anesthesia errors, and medication errors are also negligent. Instances where a physician fails to follow up with a patient or treat them in a timely manner is also the fault of the doctor.

Unfortunately, patients are sometimes also at fault. Some patients fail to follow their doctor’s orders, postpone important healthcare, or otherwise interfere with their treatment. If these actions result in an injury, that would be the patient’s fault.

To determine whether a patient has been the victim of medical malpractice or negligence, they may want to seek the help of a professional. An attorney experienced in medical malpractice should be able to determine whether a doctor or other healthcare professional made an error. If a negligent error was made, the patient can pursue legal action to ensure that justice will be served.

This article is provided as information only and not intended as legal advice in any means or manner whatsoever, Ken Allen Personal Injury Lawyers provides focused legal counsel and representation within the area of Medical Malpractice and has provided this for informational purposes only.

What is Paxil?

Paxil also known as Paroxetine, Aropax and Seroxat is one of the most popular and powerful selective serotonin reuptake inhibitor (SSRI) antidepressants on the market. In addition to use as an antidepressant, Paxil is prescribed to treat panic attacks, PTSD, anxiety, obsessive-compulsive disorder and premenstrual dysphoric disorder. First released in 1992 by GlaxoSmithKline, Paxil is one the all-time bestselling drugs. According to data from the pharmaceutical industry, there were more than 18 million prescriptions for Paxil and generic Paroxetine in 2007 with annual sales totaling more than $1 billion. Despite soaring sales, Paxil and generic forms of Paroxetine have been linked to increased suicide risk; withdrawal symptoms and adverse side effects in children, adolescents and adult patients.

Common Side Effects of Paxil

Like many SSRI antidepressants, Paxil causes nausea, sexual side effects, sleep issues and a waking stupor known as somnolence. Prescription documentation reports approximately one quarter of patients experienced nausea and another quarter experienced somnolence while 13% experienced ejaculatory disturbance and 10% experienced male genital disorders. Side effects experienced by one in every ten patients included weakness, dizziness, insomnia, sweating, dry mouth, constipation and tremors. A study published in the Harvard Review of Psychology found patients also experienced high blood pressure, irritability, headaches, tingling and numbness, weight gain and impaired short-term memory.

Paxil Risks and Warnings

In 2004, studies on SSRIs, including Paxil, showed a correlation between increased suicide rates in adolescents and young adults. Studies from the National Institute of Mental Health and the United Kingdom Medicines and Healthcare Products Regulatory Agency warn against prescribing the medication to pediatric patients due to the risk of suicide increasing from 2% to 4%. According to the manufacturers of Paxil, the use of antidepressants could play a part in inducing the worsening of depression or the emergence of suicidal thoughts in the early phases of treatment. Due to the high risk of developing withdrawal symptoms, which include convulsions in unborn children, pregnant women are cautioned against taking Paxil and all patients are urged to slowly reduce doses over the course of several weeks. According to data from the World Health Organization, Paxil was the most difficult drug to come off of when compared to other SSRIs.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

Accutane Lawsuit Results in Confidential Settlement

Jason Peipert was the first to file a lawsuit pertaining to Accutane on December 16, 2003. He had been diagnosed with Crohn’s disease which he attributed to the drug that was prescribed for him in 1999 for acne treatment. He was suing the makers of Accutane, for marketing what he claimed to be a defective product that was insufficiently tested and caused serious harmful side effects. He also sued the doctor that prescribed the drug for not warning him of or testing him for the side effects of the drug.

Peipert’s doctor  argued that Jason’s irritable bowel symptoms did not appear until two years after he stopped taking the drug. He filed  motion asking the court to dismiss the case  stating that Peipert had insufficient evidence. However, the judge  denied the motion and the case continued. Had the case gone to trial at this point it would have been the first to challenge Hoffmann-La Roche on its testing and warning label of Accutane in the United States.

Peipert refused settlement offers from Accutane’s maker and a trial date was set for April 16, 2007. However, this case was never heard by a jury. The date continued to be pushed out due to ongoing scheduling issues and other issues. Eventually, a settlement was  reached in 2010.  The  details of the settlement  were confidential.

This article should not be considered as legal advice. This article was not constructed by an attorney.

If you would like to speak with an attorney in regards to pursuing an Accutane lawsuit, please contact the lawyers of Goldberg & Osborne located in Phoenix, AZ.

Can A Spouse Be Cut Out Of A Will In Florida?

Wills are altered by marriage, death, or birth of any potential legatees. When a testator, the person making the will, experiences one of these life-changing events, Florida law requires that the will be probated as if it had been altered by the event. This means that if a person marries and does not change his/her will, the will is probated as if the person had changed the will to reflect the statutary distribution of property. It is important to consult with an estate-planning attorney any time you experience one of these events.

A spouse can be "disinherited," or cut out of a will, in Florida only under certain conditions. While testators generally have the right to distribute their property as they choose, in Florida a spouse can only be left out of a will if a properly executed pre- or post-nuptial agreement is in place. In a case where a will reflects few or no benefits to the surviving spouse, the spouse is generally given a choice of any benefits evident in the will or 30% of the estate's value after taxes and probate costs.

The surviving spouse and children are also entitled to certain protections regarding the family residence, or homestead, ensuring that they are not forced from their home. Further, any property owned as joint tenants with right of survivorship passes to the survivor in the case of death; this property cannot be willed to another person. There are also statutory death benefits available to a spouse and surviving children under Florida law.

In cases where there is a reason to leave a spouse out of a will, perhaps through separation or by verbal agreement, an attorney must be retained to draw up the proper documents in order to legally affect this. If a will is probated that is not backed by a pre- or post-nuptial property settlement, the will can be declared invalid, and the statutory distributions will be used to distribute any assets.

This article is not intended to be used as legal advice. Only an estate-planning attorney licensed in Florida is qualified to give legal advice on this subject.

Appealing a VA Decision

The Department of Veterans Affairs offers a range of great benefits for citizens of the United States of America who have served in the armed forces. However, there will always be cases in which deserving individuals are denied benefits. It is for this reason that there is an appeals process set in place.

If you would like to dispute a decision by your local VA Region Office then the first step is to submit a Notice of Disagreement (NOD). A NOD is a written document that begins the appellate process; it is submitted to the regional office that made the decision in question. The NOD should very clearly specify the case that you are disputing as well as the date it took place on. The document should be submitted as soon as possible to avoid any deadlines.

Once the NOD has been submitted it will be reviews by a Decision Review Officer (DRO) who has the power to alter the decision. The DRO will review the decision with no input from the regional office and will make his own, separate decision. You have the option to either meet with the DRO or submit a written letter explaining your specific situation and why you disagree with the initial judgment.

Should the DRO agree with the previous decision, you will have to take your appeal to the VA Board of Veteran’s Appeals (BVA). However, you must first build your case. Do this by reviewing your Statement of the Case (SOC) and Supplementary Statement of the Case (SSOC). The documents contain the evidence, laws, and regulations used to make the decision in question.

Once you have reviewed the information in the SOC and SSOC, submit a VA Form 9 with your regional office. This form will be sent to the BVA who will review it and make a decision. You have the option to have a personal hearing with the BVA during this time. Should the BVA refute your claim, you are left with one option, the Court of Appeals for Veterans Claims (CAVC)

The CAVC was designed to review decisions made by the BVA. You can submit a Notice of Appeal to the CAVC within 120 days of receiving a decision from the BVA. You will then be given a court date. It is highly recommended that you hire an attorney to represent you.

Do not consider the information presented here to be legal advice. When you need help appealing a VA decision, contact a lawyer in your area.

Yaz Birth Control Pill Deaths

It is difficult to quantify the disastrous effects that Yaz pills have had on women around the world. However, it is safe to say that the dangerous side effects are definitely not worth the convenience. Studies show that these pills contain a chemical called Drospirenone which makes the body retain potassium. Potassium in excessive amounts of proven to be linked to a number of potentially fatal diseases and it is for this reason that Yaz pills should be avoided. Moreover, there is enough evidence to prove that the consumption of Yaz pills increases clot formation in the body and can thus result in the onset of terribly dangerous diseases such as Deep Vein Thrombosis, heart attacks and even strokes.

The company that manufactures Yaz pills has come under fire for the misleading advertising related to the product which does not provide adequate information about the risks associated with the daily use of Yaz pills. The numerous wrongful death lawsuits that have been filed against the firm are an indication of the product’s dangers and should be duly noted.

Women who use Yaz pills are much more likely to suffer from preventable yet potentially fatal diseases such as heart attacks, strokes, gallbladder disease, kidney disease and Deep Vein Thrombosis and all these diseases can cause great discomfort. The treatments for these diseases are often difficult and expensive and have small chances of success.

Naturally most medications come with their share of dangerous side effects but Yaz pills in particular have a terrible reputation as they have caused deaths. Moreover, these deaths were due to serious medical complications that could only have arisen from the use of the pills. Abnormal blood clot formation is said to be the reason behind these complications and this abnormal process is caused by the combination of hormones used in the Yaz pills.

If you use Yaz pills and find yourself suffering from sudden chest pain, shortness of breath, swelling of the leg or partial paralysis then you should rush to a doctor as these may be signs of a dangerous disease. Remember that any discomfort that results from the use of Yaz pills is a direct fault of the manufacturing firm and you should definitely draw attention to your plight by filing a lawsuit as soon as possible.

If someone you loved died after taking Yaz birth control pills, do not hesitate - join the Yaz class action lawsuit immediately.

The Level of Evasion and Punishment: Systems for Minimizing Misrepresentation and Evasion

Tax evasion is a crime is just about every developed country around the world. Anyone guilty of tax evasion is subject to fines or imprisonment. In China, for instance, the punishment of tax evasion is as severe as the death penalty. In Switzerland, on the other hand, acts that equal criminal tax evasion in other countries are considered civil matters.

Anyone who dishonestly misreports income in a tax return, it is not necessarily considered a crime. These acts are addressed in the Swiss tax courts, rather than the criminal courts. Even in Switzerland, however, fraudulent tax conduct is regarded as criminal. The deliberate falsification of records is one example of fraudulent tax conduct. However, civil tax transgressions result in penalties. The difference between Switzerland and other countries, though, while it is considered to be significant, is quite limited.

Tax evasion is punished according to the extent of evasion. That is, the severity of the punishment depends on the severity of the evasion. Usually, the higher the evaded amount, the more severe the punishment.

Strategies for Tax Evasion

There are various strategies for minimizing tax evasion, however. One of these is the privatization of tax enforcement. This strategy is designed to overcoming the limitations of government tax administration in controlling tax evasion. A number of governments have resorted to privatization of tax enforcement as a means of enhancing the overall efficiency of their tax systems. The basic premise is that the leakage of revenue can be lowered if there is a privatized regime. In Bangladesh, for example, a portion of the Customs administration was privatized in as early as 1991.

Tax Farming and Tax Evasion

Tax farming is another means of reducing tax evasion. It is also a well established means of collecting revenue even in the face of difficult determining how much actually needs to be collected. Government leases out the collection system to a private entity for a set figure. They ten set about collecting the revenue and absorbing the risk of attempts at evasion by the tax-payers. For developing countries, tax farming is considered to be a potentially viable solution for solving the problem of tax evasion once and for all.

Finally, the pre-shipment agencies, such as SGS and Cotecna, are hired to prevent the evasion of evasion of customs duty. The PSA systems specifically work to prevent the evasion of customs duties achieved by under-invoicing and misdeclaration.

Need legal help? Weinstein Law Firm can help clients living near Fort Lauderdale.