Potholes as Road Hazards

Car accidents happen because of many reasons. They can happen because of driver error and recklessness, such as distracted driving, drunk driving, and speeding. They can happen because of manufacturer negligence and defective auto parts. But one of the most overlooked factors that can cause car accidents is road hazards, particularly potholes.

Potholes form when tiny cracks in the roads widen and deepen because of further erosion. Many roads have potholes, and in turn, many motorists are also at risk of accidents caused by these road defects. According to the website of the Milwaukee car accident attorneys of Habush Habush & Rottier S.C. ®, municipal agencies responsible for the maintenance of roadways may be held liable for auto accidents that have occurred due to potholes. This is especially true if the accident has caused injury or death.

But how do potholes contribute to car accidents specifically? Firstly, drivers who see potholes have the instinct of avoiding them by swerving. If their vehicles switch to another lane, they are putting themselves in danger of possible collisions with stationary objects or other moving objects such as vehicles, motorcycles, and pedestrians in the other lane. In this kind of accident, it can be argued that driver error has played a role. But it doesn’t change the fact that the existence of the pothole is what triggered the accident in the first place.

There are instances where drivers intentionally go through potholes instead, especially if they cannot swerve because of other vehicles in the other lanes. If these drivers are going too fast and are not holding onto the steering wheel hard enough, they may momentarily lose control of their vehicles and cause crashes or collisions.

Those who go through potholes also put their vehicles at risk of sustaining damages, particularly in the tires. Going through potholes have been known to cause tire blowouts and car crashes.
There are also drivers who unintentionally go through the potholes. This mostly occurs when the drivers don’t even know that there are potholes in the area. These unsuspecting drivers may be vulnerable to rollover accidents and vehicle ejections.

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The DePuy ASR XL Acetabular Hip Replacement: A Recalled Medical Device

The ball and socket joint, more commonly known as the hip joint, is one of the largest joints in the human body. Its major function is to support the upper body in various activities, including walking, running or standing; it also enables a person to perform certain movements, such as bending and stretching.

Hip joints are made up of bones that are connected by tough tissues, called ligaments, and strong muscles which hold the hip joint together and prevent it from becoming dislocated. Ligaments are lubricated with fluid so as to reduce the friction between bones, while another kind of tissue, called the cartilage, surrounds the joints to prevent the bones from rubbing against each other.

Despite the ligaments and the muscles that protect the hip joint, there are still instances when this joint gets damaged, such as when a person suffers: hip fracture due to a fall or an accident; rheumatoid arthritis, which occurs when the immune system mistakenly attacks the joints’ lining; or osteoarthritis, or wear and tear of the arthritis, a condition wherein the cartilage becomes worn away, resulting to the rubbing of the bones.

A damaged hip joint, which causes persistent pain and makes everyday activities harder to perform, needs to be replaced. Replacement will be an artificial joint, known as prosthesis – this can be made from metal alloy or ceramic.

Hip joint replacement is done through surgery, a medical practice which began in the 1960s. Its purpose is to improve a person’s quality of life by relieving him/her of the pain due to damaged hip, as well as improving the function of his/her hip and ability to move around.

One product which became a well-accepted hip joint replacement was the DePuy ASR XL Acetabular metal-on-metal hip replacement. This Johnson & Johnson product was cleared by the U.S. Food and Drug Administration for distribution in 2005. As it was the first orthopedic company in the U.S., DePuy Orthopaedics become a trusted name and was able to maintain leadership in the hip replacement business for more than 40 years.

According to the law firm Habush Habush & Rottier S.C. ®, however, the fame of the DePuy ASR hip replacement was not able to hide the serious problems which caused patients (implanted with the device) to develop severe medical conditions or require additional surgery. The damaging effects the DePuy device has been linked with include dangerous, even deadly, fragments from the device spreading inside the body, bone fracture, component misalignment, loosening components, metal sensitivity, dislocation, pain, bone staining, increased levels of metal ion in the blood, metal toxicity or metal poisoning, infection, swelling, necrosis (or tissue death), and nerve, muscle and tissue damage.

In 2008 and onwards, about 400 complaints have reached the FDA concerning revision surgeries on patients who have been implanted with the DePuy ASR hip replacement. Due to the complaints and the side effects the device has been linked to, DePuy Orthopaedics, Inc. issued a recall on the devide on August 24, 2010. With more than a million patients worldwide having received the DePuy hip implant, more lawsuits are expected to be filed.

Defective medical devices is just one area of the various frightening realities which make up the issue of medical malpractice. Liable parties, whether manufacturers of pharmaceutical products or medical health professionals need to be brought to justice; harmed patients, on the other hand, have the legal right to seek compensation for all the damages these defective devices may cause them. Being represented by a skilled, experienced and determined lawyer may be a necessity to make sure that the injured victim gets the compensation that he/she legally deserves.

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Workplace Accidents

Asbestos is a fibrous mineral that became one of the most commonly used materials throughout the 20th century, namely in construction, manufacturing, and shipbuilding industries. Come mid-20th century, however, the connection between asbestos exposure and harmful respiratory problems-often cancerous- was made, and it’s use was strictly limited thereafter. According to Williams Kherkher, companies are responsible for taking reasonable safety precautions and making sure workers and visitors are kept out of danger, but unfortunately, the necessary precautions are not always carried out to the fullest, or even at all. Even though federal law mandated as of 1970 that no building, construction or worksite may contain more than 1% of asbestos, the United States is still one of the few developed countries that hasn’t banned it all together. Naturally, this leaves a window of possible exposure open. The most common occupations that have the highest potential for exposure include construction workers, railroad workers, contract workers, factory employees, military personnel, and firefighters, all of which are exposed to and must handle asbestos in the workplace.

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Negligent Hiring of Truck Drivers: The Cause of Many Major Accidents

One fatal trucking accident which may probably be considered as among the worst that have occurred in the US was the one that took place on Interstate 80 on the morning of August 1, 2006. A minivan, which had four occupants in it (a woman, her mother, and her two sons – one 15 months old while the other was 3 years old) was caught in traffic congestion and slowed down behind a flat-bed truck. Approaching behind the van was a three-axle Intercontinental 9400 semi-trailer, which was said to have failed to slow down in time. The truck rear-ended the van, crushed and slammed it into the flat-bed truck, causing it and the semi-trailer to be engulfed by a horrific fire. No one survived the accident: not the semi-trailer driver and, definitely, not the occupants of the minivan.

The Federal Motor Carrier Safety Administration says that fatal truck accidents happen almost 11 times a day, resulting to more than 4,000 deaths and more than 100,000 injuries each year. While this number of fatalities caused by trucks is only a tenth of the number of deaths resulting from car accidents, truck accidents remain to be more tragic due to their much more destructive results.

Despite the threats presented by trucks (because of the severity of the damages that these can cause in the event of an accident), there is no way that these huge vehicles will be removed from US roads and highways due to their major contribution to the country’s economy. Therefore, in order to allay the fear of so many other motorists from sharing the road with these vehicles, the government makes sure that only qualified, licensed and well trained drivers are allowed to operate them. Laws have also been passed, all of which are aimed at ensuring the safety operation of trucks; laws like the allowed maximum number of driving hours and the required number of hours of rest, lower level of blood alcohol concentration (0.04%), strict prohibition of the use of cell phone, use of standard tires and brakes, regular maintenance of the vehicle, and a mandate on employers to keep bad drivers off the road.

Upon digging deeper into the accident mentioned above, however, a private investigator hired by the lawyer of the victim’s family found out that driver of the semi-truck had 3 past cases of rear-end accidents, 7 warnings from his safety manager, and drove at an unsafe speed prior to the accident: the warnings and the past cases of rear-end accidents, according to traffic authorities, should have been seen by the driver’s employer as a red flag for unsafe driving, more than enough reason to keep the driver off the road.

According to the website of the Abel Law Firm, hiring a driver with a bad driving record (that is, with a history of accidents or other moving violations) is a grave act of negligent hiring – a major offense committed by employers who only intend to increase their own profit. This is one example of careless employer act to which any employer can be held totally responsible and for which he/she can be required to answer in court.

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How Is Premises Liability Still Personal Injury?

In the most basic definition of personal injury, it talks of an injury that has been done onto a person due to the negligence of another party. The injury itself need not be physical in nature but can also be emotional, mental, or any combination of the three. So how can premises liability still be a subset of personal injury since, from the name alone, the party liable for the injury is the premises itself – and you can’t very well sue a building or a park, can you?

The thing about premises liability is that the premises itself may not be sentient but, as according to any Tennessee personal injury lawyer, the owner or manager of the premises is. It is the responsibility of the ones responsible for the premises to make sure that those who may pass by or enter the area of responsibility are free from any harm.

For example, the place should not be coated with paint lined with lead. Wet or slick floors should have warning sign in order to make people be extra careful with how they tread. Ceilings and sealing wax and pillars and all sorts of things need to be made with the utmost care and precision in order to ensure the safety of the people who are in the building. If any of these things are ignored or neglected, then that carelessness could result into someone’s injury – and that is what makes it a kind of personal injury.

If you or someone you know has suffered a debilitating injury due to the negligence of any sort of premises such as a mall, a park, an office building, or some such – it is recommended to contact a personal injury lawyer that specializes with this particular branch of the law in order to be certain that the case does actually fall into the responsibility of premises liability. An experienced professional will then be able to guide you through the legal process smoothly and allow for transition into normalcy just that much smoother.

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Should I File for Personal Injury or Not?

Legally speaking, the term ‘personal injury’ is an injury that is dealt upon a person – instead of, say, a product or property. It sounds like it can cover a multitude of grounds and that’s because it can. There are subsets upon subsets of personal injury and it can get quite complicated if there are more factors to consider about the case. For example, if a person were to be punched in the face in another person and the injured party were to want to file a case of personal injury (or assault) against the person who did the punching – that should technically be within the grounds of personal injury, right?

The thing is, you could try and file a serious legal battle against the guilty party but there are certain costs to think about. Does the injury in question warrant medical treatment or even lost wages from work? Was there substantial trauma sustained by the injury dealt upon the person? The point is: just because you, technically, could maybe try to file for personal injury doesn’t mean that you should.

Things that warrant claims of personal injury are, as according to the website of the Law Offices of Williams Kherkher, are those that involve incredible damage to the person – physically, emotionally, mentally, and financially.

Things like car accidents, 18-wheeler truck accidents, and the like are, for example, situations that then truly merit legal action. After all, being seriously injured in an accident can mean effects that ripple not just to the person who’d suffered from the injury but also the people around the victim. What if the victim was the primary income earner of a family – or if an entire company depended on this person being able to do their work? There is a lot of damage there and that kind of damage demands compensation that is received through legal means.

If you or someone you know has been seriously injured through the mistakes of someone else, it is recommended that the advice and help of an attorney with experience in personal injury is sought immediately.

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Some Things to Consider About Divorce

Deciding to file for divorce can be one of the most important personal decisions you ever make in your life. After all, it means severing the relationship between you and your (soon to be) ex-partner permanently and being allowed to pursue new relationships. Stoic philosopher, Marcus Aurelius, once said: Everything that happens happens as it should, and if you observe carefully, you will find this to be so.

And sometimes these things really do need to happen in order for your life to move on the way it should. However, the first thing you really need to consider about divorce is considering divorce. Are you completely sure that this is something you want? It may sound like a redundant question but sometimes, there are people who file for divorce only to back out of it later into the deal, making for unnecessary stress. You need to properly consider and make sure that this is the course of action that you are fully dedicating your commitment. (Sound familiar?)

Another thing you have to consider is the separation of assets between one another as well as custody of the children, if there are any. Which of your shared assets will go to you and which ones will go to your (soon to be) ex-spouse? This can be a complicated, emotionally driven battle especially, according to the website of Denton divorce lawyers Alexander & Associates. Though everyone wants a smoothly flowing case, there are going to be disputes along the way – and that is why it is so important to make sure that there are objective parties to the case who can advise opposing parties onto suitable compromises.

Support and custody may be some things that also need to be talked about, lastly enough. Spousal support may be necessary for a multitude of reasons as well as child support. There are many things that need to be considered about divorce and it is important to have a good talk with your lawyer before making any rash, permanent decisions about the case. Make sure if you do choose to seek legal council, that they are within your state, and if possible county.

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Is Filing for Bankruptcy the Right Step for You?

Many people in this day and age experience financial difficulty at least at one point in their lives. It can be tempting to think that there is nothing wrong and to believe that everything will just sort itself out without you having to make a move. However, that is hardly ever the case and things can only get worse if you sweep very serious issues involving finances under the rug like that.

One such solution to financial troubles is bankruptcy. Many a Dallas bankruptcy attorney would be aware that the word has gotten a bit of a bad reputation over the years and many people still view it as the end-all solution, meaning that they think that there’s no getting out of the financial trouble they’ve managed to get in. However, filing for bankruptcy can actually mean a fresh start at a better credit history as well as being given a bit of peace of mind from creditors that are constantly calling to that point that you might even call it harassment. The thing about bankruptcy though is that, while it isn’t the bad guy it’s always been painted out to be, it is not always the step that people need to make. That’s what the advice of professional bankruptcy attorneys are for.

According to the website of Greenway Bankruptcy Law, LLC, filing for certain kinds of bankruptcy can mean that you must pass a certain kind of test in order to qualify for that particular kind of bankruptcy. A prime example of this would be the Chapter 7 Bankruptcy, which is one of the most popular types of bankruptcies, wherein the person filing for it would have to qualify for it through the means test.

After all, objectively professional opinion and help could mean one thing but a person who is sympathetic to your plight can mean the world when dealing with something as potentially crucial as financial matters. It is then recommended that the attorney you seek for these dealings has sufficient experience with handling bankruptcy cases in order to make sure that you are getting only the very best of advice as well as help that you can get.

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Defending a Professional License: Can One Mistake Ruin Everything?

This is a day and age that doesn’t forgive and forget. How it can resent and remember, and how this resentment can reflect upon your duties, responsibilities, profession, and opportunities can have a truly devastating effect. These days, all it takes is one mistake that is handled all wrong to take everything you have ever worked for away from you.

A licensed professional has everything to lose by losing their license to practice. They may have the knowledge, the experience, and the capability to perform fantastically and yet not be allowed to do what they have spent years training for and learning about due to one mistake. According to the website of the Leichter Law Firm, some violations or mistakes that could cause the suspension or removal of a professional’s license can include a felony conviction, the improper use of drugs (or the consumption of illegal drugs), misconduct with a patient or client (may it be sexual or otherwise), and many other possibilities.

There are instances wherein the charge is fulfilled but the license is only suspended. Even more so, if improperly handled – this could seriously affect your business and reputation. If your license is ultimately revoked, the consequences could be personally catastrophic. That is why it is so important to stand up and defend your rights.

However, for any professional who is in danger of losing his or her license, it can be a difficult and challenging procedure to defend oneself in a court of law. A professional license defense attorney could be of monumental help in this case as their experience with the field allows them some level of comfort and ease with the procedures. There is also a likelihood that defense attorneys for a situation of this nature have better resources that can help aid your case and allow for things to get back to normal for you as soon as it is possible.

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What is Probate Litigation and Why do I Need a Lawyer for It?

Life is filled with complications – the afterlife, so it seems, is not immune to that. Take, for example, the existence for the need for probate litigation.

Probate litigation is often noted as a family affair, after the parting of a relative or as soon as a relative is presumably close to passing away. If this relative owns a substantial estate (otherwise known as their legally owned belongings and properties), how this is distributed to all beneficiaries. This matter is not particularly limited to family alone, however. Sometimes, the contents of a will are contested in order to protect the deceased’s estate from unfair and unlawful exploitation due to the presence of an outsider.

It can be a difficult procedure, to file for probate litigation, due to the many complications that this branch of the law entails. Suffering the loss of a loved one can make a decision like this as one that is emotionally charged. That is why it is advisable to have a compassionate but objective professional party in the mix in order to advise the affected parties on the best course of action.

Even a Houston lawyer will tell you that probate litigation is not something to be taken lightly. After all, there is no probate case that is exactly the same as another. The law concerning probate litigation can also differ in some ways from state to state, making it more difficult to generalize how a particular circumstance can go.

There are many variables to consider and not all of them end up in the same way. Some cases can even take a tedious amount of time, prolonging the pain when you and your loved ones should already be trying to move on and grieve in peace. There might be discrepancies as well as heated disagreements between opposing parties, which is considering probate litigation is a matter that needs to be handled very carefully.

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