Jet Ski: An Excellent Opportunity for Fun on the Water, except when Operated by an Unexperienced, Careless or Negligent Operator

Posted by on Mar 26, 2017 in Personal Injury | 0 comments

In August or September 2012, a 16-year old female riding a jet ski suffered fatal brain injuries after another jet ski rammed her. This other vessel was driven by a 20-year old Australian male tourist. Prior to the accident, the male tourist could be seen (in a cellphone footage taken by his girlfriend) standing on his jet ski, oblivious of the other jet ski he was about to ram and of its occupant’s shouts to warn him of what was about to happen.

Thousands of frightening jet ski accidents happen around the world. In the U.S., records from the Coast Guard say that at least four thousand jet ski accidents occur every year. These accidents result to about 600 deaths and more than 2,600 injuries.

Despite its small size, a jet ski has the power of a real boat and can run up to 70 miles per hour. Designed to run at high speeds with its drivers and passengers not wearing any form of protection, no wonder they are vulnerable to many different kinds of serious and life-threatening injuries.

Rules and requirements for operating a jet ski vary by state. The most basic ones, however, only requires an operator to prove that; he/she is at least 16 years old (some states have the age 12 for base age limit); has heard a safety lesson, which takes only some minutes; and, has paid the $95 per hour rent fee.

According to the Bruner Law Firm, “beaches, bays and intracoastal waterway areas are ideal for recreational boating including jet skis or personal watercraft. The fun and enjoyment of those enjoying the water can be tragically interrupted by the carelessness or negligent acts of others causing personal water craft accidents (PWC). Florida is one state that enjoys the dubious distinction of having led the nation for several years as the state with the most marine accidents. Jet skis and boats don’t have brakes. Unlike cars, trucks and motorcycles, where the use of a brake, applied quickly and forcefully, can bring a vehicle under control, personal water craft and boats are largely dependent upon an operator’s effort to reduce the throttle or thrust of the engine, and change direction. This may be “too little, too late” and tragic injuries can occur.

Many jet ski or recreational boat operators are relatively new and inexperienced in the use of this watercraft. Having no brakes and greatly reduced steering abilities, are both counter intuitive to novice operators.

A jet ski is a very popular personal watercraft (PWC) because it is affordable, easy to use, and has low maintenance cost. Its increased use, after it was introduced in the 1960s, however, also resulted to a rise in the number of hazards and, besides accidents involving under-trained, underage and undereducated jet skiers, the U.S. Coast Guard also cites inattention, excessive speed, alcohol consumption, and reckless operation as the major contributing factors to jet ski accidents. Currently, accidents involving jet skis, yachts, kayaks, sailboats, canoes and other recreational boats, are the second largest transportation-related causes of injury in the U.S. (the first is still automobile accidents).

According to a boating accident attorney, a jet ski presents an excellent opportunity for fun on the water; however, serious injury can result when it is handled by someone who fails to exercise good judgment or follow the law. Due to this, it would be advisable that victims of accidents immediately contact a boating accident lawyer who can help assess the situation and the extent of liability of an at-fault operator.

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Driver Fatigue: A Major Cause of Truck Accidents

Posted by on Mar 25, 2017 in Car Accidents | 0 comments

A woman in a family van with her mother, 3-year old and 15-month old sons, was caught in traffic congestion on Interstate 80 on August 1, 2006. Unknown to the woman driver was a fast approaching three-axle Intercontinental 9400 semi-trailer behind them. The semi-trailer failed to stop on time; it rear-ended the van, crushed and slammed it into the flat-bed truck in front of it and caused it to be engulfed in fire. The accident killed everyone on the scene: the semi-trailer driver and all minivan occupants.

Investigations showed that, months prior to the accident, the semi-trailer driver has had three prior rear-end accidents and had been given seven warnings by his company’s safety manager. All these, according to experts, manifest a red flag for unsafe driving; the driver should never have been allowed to be on the road.”

There are more than 15 million trucks operating in the U.S.; about 2 million of these are semi-trucks, also called tractor-trailers, big rigs. Due to these too many trucks travelling in inter-state on American roads plus their huge sizes, fatal truck accidents are all too common, but only because of trucking companies that do not properly screen for problem drivers and drivers who are overly tired or sleepy (fatigue is actually the resurfacing major cause of truck crashes anywhere in the U.S.).

Fatal truck accidents claim about 11 lives every single day or close to 4,000 people each year, according to the Federal Motor Carrier Safety Administration (FMCSA). But because truck drivers are usually paid by the mile and are never given overtime pay, many of them push themselves to the limit, driving despite very little sleep, some without any sleep at all. This has resulted to many drivers dozing off while behind the wheel and while running at the speed of 60 – 65 mph. As a result, many trucks ram into smaller vehicles and seriously injure, if not kill, their passengers.

There are different types of truck accidents, but with legal representation from a dedicated and seasoned personal injury or truck accident lawyer, you may be able to pursue compensation for the unnecessary pain and suffering you have been forced to endure. This website, www.evansmoorelaw.com, may be able to provide you with more helpful information about the best legal pursuit you can pursue in seeking the compensation that you legally deserve.

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Know More about What to Expect Regarding Alimony or Spousal Support if Considering Divorce

Posted by on Mar 23, 2017 in Divorce Law | 0 comments

Marriage is supposed to be a life-long union and expression of commitment between a man and a woman and these are what many, who enter into marriage, believe. These are the very factors that give sense to the phrase, “til death do us part.”

Sadly, not all marriages turn out to be beds of roses as some couples eventually lose the affection or end up having interests that slowly carry them away from their spouse and family. To be able to move forward and pursue the happiness they seek, some file a case of divorce, ending completely their union.

Now, many or those who marry give up their profession or career to be able to take full care of family matters (this practice is common among women in support of their husband). In the event of divorce, however, those who have sacrificed education or professional growth usually find it hard to keep up with the present business trend or even find an employment that will allow them to enjoy the standard of living which they enjoyed prior to divorce. Thus, the court awards these individuals alimony or spousal support, which the financially-capable spouse will have to pay to them monthly or lump sum – so long as both are alive or until a major change in the circumstances of each (such as loss of job of payor or re-marriage).

Alimony is a court-ordered payment which a spouse will have to make to his/her partner after they divorce. This centuries-old practice is somehow rooted from the idea that upon marriage, a woman would remain dependent on her husband until death. Thus, through alimony, financial support is provided for whoever, though usually the wife, was financially-dependent during marriage. Despite differences on alimony laws between states, means or types of payment are generally the same:

  • Lump sum. This is a single, complete payment of alimony. The amount is equal to the total amount of future payments, which may include property division.
  • Permanent alimony. This is a continuous, regular payment without a fixed end date; it goes on so long as the recipient has not died or remarried and as long as the payor is alive. Permanent alimony is actually intended to enable the recipient spouse to maintain his/her standard of living that he/she enjoyed during the marriage.
  • Temporary or rehabilitative alimony. This financial support payed to whoever between the spouses has a lesser earning; this support, however, ends when the recipient lands a job or becomes self-sufficient.

In 2012, some states have begun to reconsider their laws on permanent alimony. This is due to the fact that there are those who have been making this type payment for decades despite a very short marriage, while on the part of the recipient, many have lived with new partners, but never re-married, in order to enjoy receipt of support.

Other reasons for the reconsideration include the harm which payment of permanent alimony has made on the financial situation of some of the payee, the equal opportunity the payee has to education, training and chance to find a high-paying job, and the opportunity of the payee to earn even more than the payor.

As explained in the website of the law firm BB Attorney, “Alimony payments are designed to help spouses adjust to their changing financial situations during and sometimes after divorce. Although these payments can be permanent, most of the time they are only temporary. Temporary alimony is alimony that is only paid during the divorce proceedings and sometimes for a short time thereafter, allowing the receiving spouse to get used to a new level of income. In most cases, temporary alimony payments cease after a period of time in which the court believes the receiving spouse should have located a new source of income or financial support.

Temporary alimony payments can be used for a variety of purposes, but in general, they help provide for the financially dependent spouse while he or she finds a job and adjusts to his or her new income level. Alimony payments can be used for the following:

  • Basic living expenses
  • Vehicle payments
  • Medical and educational costs
  • Divorce fees

Divorce can mark a number of changes to a person’s living situation, and alimony payments help provide financial stability during this transitional period. Thus, it is important that a temporary alimony agreement is as fair as possible for both the receiving and the paying spouses.”

With assistance from an experienced alimony lawyer, you may be able to know and understand better whether you will be paying spousal support or receiving alimony, so do not hesitate to get in touch with an experienced alimony lawyer even before you decide to file for divorce.

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A Youth who has been Charged with a Juvenile Crime does not Mean He/She will be a Thug for the Rest of His/Her Life

Posted by on Mar 22, 2017 in Criminal Law | 0 comments

According to the U.S. Census Bureau, there were about 73.8 million youths (below 18 years old) in the U.S. in 2012. This was more than a fourth of America’s total population then. More than half the number of youths, however, was discovered to have already suffered abuses in the home, community or school, or have already been exposed to crimes and violence. Almost half the number has also suffered injuries due to physical assaults.

Records from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) also show that many of these youths have already been involved in criminal activities, including drinking, carrying or possession of a deadly weapon, driving while intoxicated, robbery, murder, aggravated assault, rape and other sex offenses, arson, vandalism, gambling, drug abuse, disorderly conduct, vagrancy and so forth.

In 2011 about 1.5 million arrests were made on persons under the age of 18. Experts and authorities believe, however, that the rise in the number of arrests does not necessarily mean an increase in the number of crimes, but in the zealous of authorities who have just been more serious in arresting young law violators. These arrests were made to thwart any possibility of anyone becoming a repeat offender because repeat offenders usually end up as regular criminals. Arrested youths, as well as everyone else in the age bracket, are also being made to understand that being convicted of a crime no longer just means fines and citations – their arrest records will also definitely damage their future professional life.

Criminal acts are always serious, whether committed by a youth or an adult. Making youths understand the full consequences of their acts and giving them the supervision that they really want may be ways that can bring them back to the right path; all that may be required are the right person and the right strategy.

According to the law firm Alexander & Associates, in their youth, most people do at least a few things that they later come to regret; it is the goal of juvenile crimes lawyers to help limit the potential consequences of such actions. As the consequences of a juvenile crime conviction may have long-lasting or even permanent effect on a variety of different facets of a person’s life, lawyers, therefore, believe in fighting the charges aggressively.

A youth who has been charged with a juvenile crime does not mean he/she will be a thug for the rest of his/her life. To help ensure this, though, seeking legal assistance from a seasoned juvenile crimes lawyer, who may be able to save the charged youth from getting convicted, may be the first necessary move.

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Revealing The Impact of Distracted Driving In The Body

Posted by on Dec 6, 2016 in Distracted Driving | 0 comments

A new study reveals the effects of distracted driving have on the human body. It is common knowledge that distractions such as text messaging or taking calls. Research by the Foundation for Traffic Safety reveals that 16% of all fatal crashes were due to distractions and that latency lasts an average of 27 seconds. Unfortunately, distracted driving has also led to the injury or death of the other driver.

A new study by the Transportation Institute revealed that doing two things at the same time while on the road can lead to stress on the part of the driver. This is the reason for the dip in driving performance. According to Robert Wunderlich of the Texas A & M Transportation Institute, when people take their eyes off the road, their performance deteriorates. Rhode Island personal injury lawyers will tell you that these distractions cause drives to lose focus on the road.

The new study also revealed that texting is not the only distraction that can cause stress on the part of the driver. When we drive while upset, the tendency is for the driver to mismanage their speed, ignore speed limit, or even cross the white line, the study concluded. Such behavior can lead not only the driver but also pedestrians and other drivers to get hurt in an accident.

Working with the University of Houston and the University of Michigan, the aim of the Texas A & M study is to help motorists become better drivers. The researchers used a driving simulator to gather data on what really transpires when drivers are not focused on the road. The study will next focus on drivers in real-life situations and their behavior in traffic. For Wunderlich, they wanted to use technology to actually tell themselves that such devices is actually dangerous especially in driving.

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The Effects of a Criminal Charge on a Divorce Proceeding

Posted by on Dec 5, 2016 in Divorce Law | 0 comments

Filing for divorce but with a criminal record? If you are on the brink of ending a marriage, the court will take into consideration several factors before granting your divorce request. One of the factors that the court will look into is the criminal record of the couple. Okaloosa County criminal defense attorney with the Flaherty Defense Firm will tell you that being criminally charged can have a huge impact when filing for divorce.

One of the crucial issues that will be decided in a divorce case is child custody. In cases like these, it is always the best interest of the child that will be prioritized. Having a criminal record can affect your desire to share custody of your child in a divorce case. However, there is always an exception to the rule and the court will treat each case as unique. When one of the parents has a criminal record, the court will look at the nature of the crime and how recent the crime was committed.

If you have committed a violence offense, sexual crimes, or convicted for drug crimes, you could have your visitation rights severely limited. In addition, you may be prohibited from seeing your child for a certain period of time. If you committed a violent crime against your spouse, the court may issue a temporary restraining order to prevent you from further hurting your spouse.

However, all is not lost when you have a criminal record and filing for a divorce. Once you have completed counseling or some form of therapy, you may be allowed to visit your child. You may be able to find specific parenting classes related to divorce cases involving minor children. You may be evaluated by an evaluator to check your capability for becoming a good parent.

When considering getting a divorce, having a criminal record will make the process more complicated and longer. As a result, you could end up paying more.

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Common Water Problems In The Home

Posted by on Dec 4, 2016 in Water Contaminants | 0 comments

Water is one of earth’s most important elements. For humans, it is key to their survival. Water helps rejuvenate the body after a hard workout in the gym. It helps replace lost fluids. But water problems can be bad for the body. According to the website of American Water, these issues can be hard to diagnose making it difficult to know if the water you are drinking is potable.

Hard Water

Hard water contains calcium and magnesium deposits making it a health hazard. It causes white film on sinks, dishes, and tubs and can be difficult to remove. This problem can result to premature water heater and plumbing fixture failure due to scale buildup.

Radon

Radon is a naturally occurring gas in soil and rock and moves into the air and water. Once it finds its way into your drinking water, you can likely suffer from lung cancer. To remove radon from your drinking water, use aeration or carbon filtration systems.

Arsenic

Although a naturally occurring element, arsenic is more semimetal rather than a gas. High amount of arsenic in your drinking water can cause health problems like skin, lung, liver, and bladder cancer. Water filtration systems that use reverse osmosis or carbon filter can help remove arsenic from your drinking water.

Taste Problems

The bad taste in drinking water that most people complain about is due to chloride being dissolved into the water from industrial practices or road salt. Manganese deposits can result to the metallic taste found in the water. Taste problems in drinking water can be remedied through reverse osmosis and water softeners.

Unpleasant Odors

Sulfides found in the water can make it smell like rotten eggs. With the help of filter oxidation, carbon filtration, or shock chlorination, the problem of unpleasant odor in drinking water can be easily resolved.

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Common Causes of Rollover Car Accidents

Posted by on Dec 3, 2016 in Car Accidents | 0 comments

Not all car accidents are due to negligence and driver error. There are some that are related with stability issues. Rollover accidents are one of the deadliest that drivers may encounter on the road. Rollovers happen when the car’s center of gravity coupled with a narrow track makes it unstable in fast turns or sharp changes of direction. While they only account for 2.1% of the nearly 9.1 million accidents in 2010, rollovers accounted for nearly 35% of all deaths from vehicular accidents.

According to the website of Crowe & Mulvey, LLP, rollover accidents occur when the driver loses control of the wheel causing the car to flip over several times. SUVs are the most prone to roll over given their high center of gravity. Aside from the center of gravity, rollover crashes are speed related. Figures from Safercar.gov revealed that 40% of fatal rollover crashes were due to excessive speeding.

Another cause of rollover accidents is alcohol impairment. When the driver is intoxicated, it increases their chances of losing control of their vehicle. Alcohol can heavily affect judgment, muscular coordination, and vision. When the driver’s blood alcohol concentration is higher than the required 0.08. this can cause impairment of the driver’s judgmernt skills.

Appleton personal injury attorneys of Habush Habush & Rottier, S.C, will tell you that road conditions can also have a huge impact on rollover accidents. Especially in rural areas where the roads are undivided and without barriers, rollover accidents are quite likely as shown by the nearly ¾ of rollover accidents in rural areas.

Finally, data compiled by the NHTSA revealed that 90% of car rollover crashes were due to routine driving maneuvers such as going straight or negotiating a curve. This goes to show that the behavior of the driver can have a huge impact in rollover crashes.

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Tips On How To Prevent Drunk Driving

Posted by on Dec 2, 2016 in Uncategorized | 0 comments

Drunk driving is a felony offense that can have serious consequences on the part of the driver as well as passengers and other vehicles. It is already common knowledge that alcohol and drinking do not mix. Figures released by MADD revealed that at least 28 people die due to drunk driving accidents. Although efforts have been implemented to prevent DUI, their negligent action has placed innocent lives at risk.

Unless preventive measures are put in place, a Philadelphia personal injury attorney will tell you that drunk driving carries with it serious criminal repercussions. In order to become part of efforts to lessen the number of drunk driving incidents, here are some tips on preventing drunk driving:

  1. Be a responsible driver. Responsibility means knowing how much alcohol you have already consumed. This is very important if you still need to drive a long way. If possible, let the alcohol content drop first before you go.
  2. Strictly implement DUI laws . It is illegal to operate a motor vehicle if your blood alcohol content exceeds the allowable limit of 0.08% BAC. Drunk driving carries with it different consequences which includes jail time so be aware of these laws
  3. Drink moderately. If you cannot do away with drinking alcoholic beverages, your best bet is to drink in moderation. Drinking as if there is no tomorrow can have serious ramifications.
  4. Choose an alternative ride. Instead of driving your car when drunk, you can have another non-drunk driver take you home. Likewise, you can call for a taxi to take you to your destination.

The prevention of DUI accidents is every driver’s responsibility. The website of www.kff-law.com reveals that most accidents are preventable if driver’s would only practice responsible driving. Alcohol can affect a driver’s ability to react to happenings on the road. So don’t drink and drive at the same time.

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Understanding The Basics of End of Life Planning

Posted by on Dec 1, 2016 in Elder Law | 0 comments

When someone nears the twilight of his life, it is important to ensure that their remaining years will be as comfortable as possible. As one reaches old age, the first thing that comes to their mind is to plan for their eventual death. Chicago elder law attorneys understand the importance of planning for the end of one’s life while they can still can. Planning for the future is an important decision that the family and friends of the elderly should carefully make.

One of the most important plans that a senior citizen should make to prepare for the end of their life is advanced care. Planning for health care is aimed at ensuring that the elder’s wishes about future care are taken into consideration and granted. When one gets old, treatment can be difficult so having a plan can make care for the elderly easy. A good care plan should address the following:

  • Management of pain and other symptoms
  • Provision of cultural, emotional, and spiritual support
  • Allow family members to make important decisions about treatment options
  • Help care givers know possible expectations
  • Provide support for the family during the bereavement process

Another important process in end of life planning is the preparation of the necessary paperwork. This includes the preparation of the will and the division of the estate. Other important activities in this stage include gathering financial and legal accounts such as insurance policies, deeds, income tax returns, credit cards, bank accounts, and others.

The death of a loved one can be a tumultuous stage and could cause chaos especially in determining who gets what. For this reason, it pays to have an advanced plan so that the process of wealth distribution, estate planning, and others can be done in a legal manner. This way, the deceased can truly rest in peace.

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