Can riding a motorcycle ever be safe?

Posted by on Oct 6, 2017 in Motor Vehicle Accidents | 0 comments

There’s often a dream of somehow combining the reckless with some security. That’s the appeal of things like rollercoasters: the thrill of incredible speed in a relatively safe machine. This is an instance of the old expression, “having your cake and eating it, too.” Of course, roller coasters are not perfect—there are still accidents and even occasional deaths—but the rarity of these events allow people to feel safe even as they fling through the air upside down.

One of the goals of automotive design is to give people their cake to eat as well. Many recent advances have helped make the driving experience safer even while it remains as efficient and enjoyable as ever. The ability for cars to stop or correct when the driver approaches another vehicle is an excellent example here. Once this technology is widespread, there is likely to be a significant dip in the number of accidents across the country, all without impeding the driving experience.

Full automation, while likely to resisted by many and certainly something that will harm the experience for many drivers, will continue this trend. The more full automated cars on the road, the safer driving will be for those who remain in the driver’s seat.

As technology makes cars faster and more effective at keeping passengers safe, the question arises about other forms of transportation. Airplanes remain highly effective and safe, as do trains, but what about the motorcycle?

It seems likely that the motorcycle will never be a safe vehicle. Riders are almost certain to resist any form of automation, and it is likely to be less effective anyway since motorcyclists are already capable of more awareness of the space around them due to the exposure that comes as part of the activity. While automation in cars may help lower some instances of accidents, it is not clear how many and how well that automation will be able to stop accidents with a small, speeding object like a bike versus larger cars and trucks.

So, the motorcyclist is likely to miss out on the “cake” of greater safety in transportation. This is proved by the fact that accidents involving motorcycles have been on the increase in the last decade, despite these advancements.

The motorcycle has always been a specialized choice, one not meant for the average driver. It is in this danger and the exclusiveness of the choice that the motorcycle earns its reputation and identity. It is not clear whether bikers would be resistant to further safety measures simply for that reason, just as many remain resistant to wearing helmets, despite the overwhelming evidence of their effectiveness.

Considering such points, it seems clear that motorcycle safety is unlikely to improve with that of other transportation. The choice to ride a motorcycle may, to return to the initial metaphor, be similar to those who skip the rollercoaster to bungee jump or the skydive, seeking the greater thrill at the expense of safety. With such a thought process at work, it’s hard to see how much improvement can be made on the safety side of things.

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Broker Misconduct: Unsuitable Investments

Posted by on Jun 18, 2017 in Investment Fraud | 0 comments

Potential investors consult brokers because these people are the ones who know better. They study investments to check which ones can potentially grow and determine their involved risks. Of course, not because a particular investment has good potential for growth and has acceptable risks, it automatically means that it is the right investment for the potential investor.

There are a lot of other factors to consider to determine where an investor should invest his money. According to the website of Erez Law, these may include the following:

  • Financial situation
  • Investment experience
  • Room for risks
  • Liquidity
  • Condition of other investments, if there are any
  • Investment goals
  • Tax status
  • Age

If the broker has recommended a particular investment opportunity without considering that investment’s growth potential, its risk factors, and the potential investor’s financial standing, he may be committing a broker misconduct called unsuitable investments.

Suitability occurs when a potential investor’s status, such as the financial standing factors bulleted above, coincides with the investments he has made. Failing to have suitability is almost always the broker’s fault, because he is the one responsible in studying investments and determining the status of the potential investor.

Unsuitability can arise in two ways. First, it can arise because of the lack of knowledge regarding the particular investment or the potential investor’s status. Second, it can arise because of the financial advisor or broker’s incompetence, usually in the form of lack of understanding of the investment’s potentials and risks and lack of adequate financial strategies.

To guarantee suitability, it is recommended that the broker have the following:

  • Adequate knowledge of the nature, potential, and risk of the investment
  • Adequate knowledge of the potential investor’s profile, including the financial standing factors bulleted above
  • Adequate investment strategy that fits the investment and the investor’s profile
  • Full understanding of the investment strategy before recommending it

 

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Boating Accidents due to Alcohol and Other Forms of Impairing Substances

Posted by on Mar 27, 2017 in Boating Accidents | 0 comments

The five types of recreational vessels with the highest number of casualties in 2014, as per the U.S. Coast Guard’s 2014 recreational boating statistics, include:

  1. Open motorboats, with 1672 casualties (282 deaths and 1390 injuries)
  2. Personal watercraft, with 1626 casualties (34 deaths and 5920 injuries)
  3. Cabin motorboat, with 294 casualties (39 deaths and 255 injuries)
  4. Canoe/Kayak, with 256 casualties (133 deaths and 123 injuries)
  5.  Pontoon, with 114 casualties (17 deaths and 97 injuries)

Recreational boating remains to be a very popular leisure activity in the U.S. In 2012, 87.8 million American adults participated in recreational boating at least once; in 2013, the number jumped to 88 million.

With too much fun, however, some people just tend to forget about acting carefully and responsibly; this are what make exciting activities risky occasions. Worse, to make water adventure more fun, many bring not only food but intoxicating drinks (and sometimes illegal drugs) too. The bad news is, just like drinking and driving do not make a good combination, so too do drinking and boating. As reiterated by the U.S. Coast Guard, drinking alcohol while at sea can affect boat operators’ and passengers’ vision, judgment, balance and coordination faster than when it is consumed on land. This is due to the overall marine environment, which includes the sun, sea water mist or spray, wind, engine noise, vibration and motion. Thus, due to alcohol, accidents, like capsizing boats and drunken passengers falling overboard and drowning have become very common. The USCG further says that alcohol is the leading contributory factor in fatal boating accidents, as well as the leading factor in deaths in the water.

Failure to wear a life jacket, besides alcohol impairment, is another major contributing factor in fatal boating accidents. This is the same regardless of the type of vessel one is operating or riding before falling into the water – yacht, motorboat, jet ski, pontoon, canoe or kayak. And as the boating season nears, the USCG reminds all boaters to boat responsibly – part of which is wearing a life jacket and avoiding consumption of any impairing substance.

Any person who operates any type of vessel while under the influence of drugs or alcohol and causes an accident that injures another person gives this injured victim the legal right and reason to pursue a legal action against him/her. In connection to drinking and boating, thousands of people have, indeed, been injured, resulting to thousands of boat operators finding themselves in court as defendants.

According to Roseville personal injury lawyers, “It is important that you understand what your legal rights are, and determine whether you may be eligible for compensation, as a result of your injuries due the negligence or illegal action of someone else.

Through a personal injury claim, you may be able to obtain compensation for economic, as well as non-economic, damages. These damages include covering expenses for past and future medical care, physical therapy, and even lost wages from time taken from work for your recovery. Damages can also include compensation for pain and suffering, and emotional distress.”

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A Guide On How To File Storm Damage Claims

Posted by on Dec 22, 2016 in Storm Damage | 0 comments

The aftermath of a destructive storm can leave a huge problem for you. While the storm may be over, your woes may just be beginning. For most people, the end of a storm would mean the start of the rebuilding process. It is likely that the damages you incurred would be too costly for you to handle from out of your own pocket. If you have insurance, it is possible to file storm damage claims.

A Texas storm damage attorney will tell you that having insurance can provide you with the needed financial assistance for repair and replacement of your damaged home. However, the claims process can be long and tedious so you need to make sure that you process it the right way. Here are the steps on filing a storm damage claim:

1. Deal with the danger first

If there is extensive damage to your home, you need to make sure that there are no more problems when the adjuster comes to assess the damage. Issues such as gas leaks or serious flooding should be dealt with first.

2. Call your insurer

Check with your insurance provider if they are covering damage to your building and your possession. Some insurers will cover both so do check with your provider before filing a claim.

3. Take pictures

If possible, document everything with pictures or videos. They can help support your claim and remind you of your possessions as well. Keep damaged carpets, skirting boards, and architraves to show their quality.

4. Look for alternative accommodation

Your insurance provider may be offering some kind of accommodation options in case it is impossible to stay at your home. You might be able to get some discounts from partner hotels. Make sure that you have already cleared it with your insurer before booking any hotel.

5. Arrange damage assessment

When there is substantial damage to your property and the claim will be significant, the insurance company will usually send a loss adjuster to inspect the damage to your property.
Following these steps will help ensure that your claim will be successful.

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Belladonna, the Only Reason Behind Hyland’s Woes

Posted by on Oct 25, 2016 in Hyland's Teething Tablet Lawsuit | 0 comments

As claimed by Hyland’s in its website, “The amount of Belladonna alkaloids in teething tablets is minuscule, especially when compared to conventional medicines that contain Belladonna alkaloids.”

This claim, however, is different from what the U.S. Food and Drug Administration (FDA) says: “For such a product (referring to Hyland’s Teething Tablets, which are being linked to serious harm due to intake of larger doses), it is important that the amount of belladonna be carefully controlled. FDA laboratory analysis, however, has found that Hyland’s Teething Tablets contain inconsistent amounts of belladonna. In addition, the FDA has received reports of serious adverse events in children taking this product that are consistent with belladonna toxicity. The FDA has also received reports of children who consumed more tablets than recommended, because the containers do not have child resistant caps.

Belladonna, which is made as a homeopathic supplement and homeopathic medicine, is also used as an ingredient in a number of medications, such as Teething tablets from Hyland’s Inc. It comes from the Belladonna plant, also known under the names devil’s cherry and deadly nightshade due to its high toxicity.

Despite being poisonous, Belladonna has medicinal properties which has allowed it to be used as a medicine since ancient times. However, it should only be used if recommended by a doctor and strictly according to a doctor’s instructions since an overdose can be fatal, especially to children.

Besides the inconsistent amounts of Belladonna that the FDA said was contained in Hyland’s Teething products, reports of adverse events that were consistent with belladonna toxicity were also received by agency. In October of 2016, reports of adverse events that included seizures, fever, and vomiting had already gone up to 400. Worse than these, however, were reports of 10 infant deaths. The FDA is currently investigating the possible connection between the adverse effects and fatalities, and use of Hyland’s teething products (including the teething gel this time).

After two warnings by the FDA to parents to stop using Hyland’s products, Hyland’s management wrote its own letter addressed to all parents, telling them that its teething products are totally safe and effective and that baby death from teething tablets has no scientific basis. Despite this firm stand on the safety of their products, however, Hyland’s has decided to discontinue distribution of its teething tablets and gel.

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Who Can Be Held Liable In A Defective Drugs Claim?

Posted by on Aug 1, 2016 in Uncategorized | 0 comments

Pharmaceutical products are manufactured for one purpose and that is to make customers well. Before being sold to the market, it is important that these products are rigorously tested in order to ensure their safety. Unfortunately, some manufacturers fail in this aspect and sell their product in the market despite the danger it poses. According to the website of Karlin, Fleisher & Falkenberg, LLC, defective drugs can bring about serious side effects to a patient.

When filing a defective drugs liability claim, there are various parties involved that you can sue. Thus it is possible to have more than one defendant in your lawsuit. Here are some of the likely parties you can include in your case:

Manufacturer

Distribution of the drug starts from the manufacturer. They are usually large companies given the huge market for pharmaceutical drugs and the technical challenges associated with the development of a new drug.

Testing Laboratory

A testing laboratory can be included in your case for their failure to elaborately test the drug before pushing it to the market.

Sales Representative

Pharmaceutical companies usually hire sales reps to promote their latest drugs and recommend it to doctors and other members of the medical field. They can also be held liable for recommending a dangerous drug.

Doctor

Doctors can be held liable for injuries for not informing you about any side effects or how to properly use the drug.

Hospital or Clinic

A hospital or clinic can be included in your claim as they are part of the distribution channel from the manufacturer to you

Pharmacy

The pharmacy is the stopover of the distribution channel. A pharmacist can be held liable for their failure to advise you of how to properly use the drug.

When several parties are involved, you may consider filing joint or several liability. With this ruling, each defendant can both “jointly” and “separately” add up to the total amount of damages. Thus, if one of the defendants is unable to pay, the other defendants can compensate for the missing amount.

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Who may be liable after a truck-caused accident?

Posted by on Mar 11, 2016 in Truck Accidents | 0 comments

Semi tractor trailer trucks or 18-wheelers, according to the truck accident lawyers at Evans Moore, LLC, play a significant role in the industry of transportation in the United States. Despite this, accidents on the road are inevitable since trucks are particularly harder to operate, which results in even more devastating injuries, and sometimes, death. Truck drivers are not the only ones who get blamed in these accidents; there are actual cases in the past where the trucking company and the truck manufacturer were held accountable for road incidents. If you were involved in an accident by a truck, it is important to know the source of the error, so that you may cite specific details on your lawsuit.

You are most definitely welcome to file a case against the truck driver once drunk driving is established by the authorities as the reason for the accident and the same thing goes when it is clear that it was the driver’s mere negligence that caused the crash. According to Find Law, improper training is one of the common causes of truck drivers starting accidents on the road.

However, there might be cases where the truck was defective in itself, in which case you could charge the manufacturer or the company for negligence. A few examples of manufacturer negligence are faulty brakes or wiring, engine failure, and tire defects. In most company negligence cases, the trucks are sent on the road without proper inspection, and sometimes, companies set schedules that cannot be met or fulfilled in such short notice, forcing the drivers to speed up and ignore traffic rules.

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Burns: its types, symptoms, complications, and what-to-do’s

Posted by on Oct 26, 2015 in Personal Injury | 0 comments

Accidents happen when you least expect it. Unfortunately, burns are among the most common types of accidents in the country. In fact, according to the American Burn Association, an estimated 60% of the acute hospitalization in the country has been associated with burn incidence. A majority of burn accidents happened at homes (73%), while the remaining occurred at workplaces, public roads, recreational centers and others.

Fires are the primary cause of burn injuries. But Houston personal injury lawyers would probably point out that there are many other sources of burn hazards apart from fires, namely heat, cold temperature, radiation, friction (such as road rash during a car accident), electrical, and chemical. Depending on its severity, burn injury may manifest with these symptoms:

First degree burn

First degree burn is a minor burn injury on the outermost surface of the skin, called the epidermis. Signs of first degree burn include minor swelling, redness, pain, and dry skin. First degree burns are manageable at home, and heal between three and six days. You just have to run the wound in cool, running water, take ibuprofen to relieve pain, and apply aloe vera ointment to deal with inflammation. However, when first degree burn involves larger portions of skin, visiting your doctor would be necessary.

Second degree burn

Second degree burn involves damage to several layers of the skin, including the dermis. Second degree burns look red, inflamed, and may sometimes have blisters. Second degree burns take longer time to heal than first degree burn, which usually lasts for more than three weeks. When you have a second degree burn, run the wound in cool running water for more than 15 minutes and take pain reliever. You may also apply antibiotic cream to blisters to avoid contamination. For widespread burns, seek emergency help immediately.

Third degree burn

Third degree burn is considered serious and life-threatening. It involves damage to the entire layers of the skin (epidermis, dermis, and subcutaneous tissues). Infection caused by a third-degree burn may reach the bloodstream and affect other vital organs or cause septicemia. A person suffering from this type of burn may feel no pain because the nerves in the affected area have already been destroyed. Third-degree burn injuries are considered a medical emergency that requires immediate medical attention.

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What Are the Risks Associated with Laparoscopic Surgeries?

Posted by on Jun 14, 2015 in Personal Injury | 0 comments

Laparoscopic surgical procedures are a modern innovation that many people flock towards if this kind of procedure is possible for their given situation. After all, in theory, a laparoscopic surgical procedure is leagues more preferable. The incision would be minimal and instead uses highly efficient technological apparatus in order to perform the operation. A video camera would allow for the surgeon to see further up close to the specimen. It would mean a lessened recovery time as well as minimal discomfort suffered by the patient.

However, there are some risks with a few laparoscopic surgical procedures; namely, procedures that involve the use of a morcellator.

Since the morcellator’s induction into the public sphere, there have been at least 50,000 surgical procedures in a year throughout America. The morcellator would penetrate the body and through a tube, the noncancerous growth would be suctioned out piece by piece. A simple enough procedure, yes, the morcellator was more commonly used on women wishing to have a hysterectomy or the procedure that removes their wombs.

However, there has been sufficient evidence that links the use of morcellators manufactured by Johnson & Johnson as the cause of endometrial cancer in 1 out of 370 women who went through a laparoscopic surgery with the device. Following the claims, the company then sent for an order to recall the morcellators. There are morcellator lawyers currently working the case, keeping up to date with the cases being filed against the manufacturers.

That is why it is incredibly important to know the pros and cons of a surgical procedure before consenting to it. Knowing the risks as well as understanding how a procedure can possibly affect your life is something that you should not take lightly. If you or someone you know has been diagnosed with endometrial cancer, following a laparoscopic surgery with the use of a morcellator, it is recommended that legal help is sought out immediately.

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Factors that may Result to a Modification in a Child Custody Decision

Posted by on Mar 19, 2015 in Family Law | 0 comments

Though states usually differ in some of the factors they consider in the determination of a child custody case, there is one constant principle that serves as a guide in every decision making: the child’s best interest. Child custody is one of the most sensitive divorce-related issues, not only because it concerns the future of another person, but also because many spouses never get to agree on the issue, necessitating a court proceeding wherein a The Woodlands divorce lawyer may argue your side of the story.

After determining who gets custody of the child/children, it is implied that the other parent, the non-custodial one, will have settle for visitation rights in order to be with his/her children (many courts, however, now consider awarding custody of the child to both parents, especially if this decision will be in the child’s best interest). Both custodial and non-custodial parents are expected by the court to abide by and respect all court decisions pertaining to the lives of the children and all court decisions shall be binding unless these are changed by the court itself due to a petition from either of the parents.

Request for change or modification in custody decisions may be honored by the court if the petitioning parent can prove (without doubt) that the current custodial parent fails to live up to the court’s expectations and/or fails in his/her obligation to recognize and respect the rights and personhood of the other parent.

Some of the more specific reasons why an original custody decision may be modified by the court, include: frustration of the non-custodial parent’s visitation rights; estrangement of the child’s affections from the non-custodial parent; change of residence without informing the non-custodial parent; material and substantial changes in the life of the custodial parent (such as his/her remarriage); child’s preference; unfavorable environment; and, relinquishment of custody.

Any parent will naturally do everything for the sake of his/her child, even if it means keeping the child away from his/her other parent, especially if such parent can be proven as unfit. This may not be an easy task though, as it will require legally acceptable and convincing arguments to make the family court judge recognize and accept any new evidences.

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