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Accidents

How Effective Are Helmets In Preventing Motorcyclist Death?

When you think of motorcycles, you may picture riding on an open road and experiencing a thrilling sense of adventure. But unfortunately, while motorcycles look cool and exciting, they are among the most dangerous motor vehicle transportation means on our roads.  In 2015, 88,000 people were injured on roads in the US, and, unfortunately, more than 5,000 motorcyclists were killed in 2017. The NHTSA asserts that wearing helmets saved the lives of almost 1,900 people in the US. The organization also states that 750 more lives could have been saved across the nation if all motorcycle accident victims had worn their...

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GLOBAL ROAD ACCIDENT STATISTICS

The Reality Behind The Statistics Of Road Accidents Looking at the statistics of global road accidents is very sobering. For instance, a staggering 1.3 million people die every year around the world as a result of road traffic accidents. According to the World Health Organization, 93% of global road accidents occur in low and middle-income countries. That is partly because they do not have the right infrastructures in place, but even in high-income countries, millions of road accidents occur every year.  Here are some other interesting statistics about road accidents around the world, according to the WHO: Injuries from road accidents are the leading cause...

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HOW TO COLLECT EVIDENCE AFTER A CAR ACCIDENT

It only takes a moment for your life to change when you are involved in a car accident. If you are lucky, you won’t suffer any catastrophic injuries, but that doesn’t mean that you won’t need time to heal and money to repair your vehicle. If you end up missing time at work due to your injury and suffer financial losses, you may want to file a lawsuit. Dealing with the legal system can be challenging. It’s best to get the advice of a personal injury expert to help with your case. One of the most important aspects of a successful personal injury lawsuit...

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WERE YOU DRIVING WHILE INTOXICATED? HERE’S SOME HELPFUL ADVICE

What do you need to know if you've becoming involved in a DUI case? We explain the 4 most common tips. Driving Under The Influence (DUI) charges are some of the most common road crimes that are charged against drivers across America. Especially if you are in a state where there are already strict laws against alcohol consumption, it can be a sticky situation. In other parts of the world, laws are even more extreme, especially where alcohol is not recognized as a legal substance. When facing DUI charges there are a lot of variables at play. The most important of...

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DUI CONVICTIONS ARE MORE SEVERE THAN MOST PEOPLE THINK

Drunk driving has been an inflammatory issue for decades. Many people have lost their lives in DUI-related driving accidents, but there seem to be few that fully understand the consequences of a DUI conviction. There are about 10,000 DUI-related deaths yearly in the United States. This suggests that there is still a significant number of people who aren’t aware of the long-term effects of a DUI conviction. If more people were aware of how much trouble a DUI conviction would get them into, perhaps they would think twice before driving while intoxicated. CRIMINALITY  The immediate legal effect arising from a DUI conviction is that the...

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Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

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Differences Between Comparative Negligence and Contributory Negligence

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff. In both instances, the plaintiff's negligence must be proved by the defendant. The difference boils down to how the plaintiff's ultimate recovery (if any) is impacted by the plaintiff's own negligence. A further difference is that contributory negligence originated in common law, while comparative negligence is a statutory creation in jurisdictions that abolished the...

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Does ‘Alleviation’ Alleviate Insurance Carrier Fears?

Carriers, providers, and legal practitioners, alike, hoped the court would provide clarity on a carrier’s obligations once a policy becomes exhausted, but the recent decision did not squarely address that issue. Thus, albeit not articulated, the Second Department makes clear that proof of policy exhaustion, alone, is insufficient to dismiss a personal injury protection (PIP) lawsuit. That is, it is still necessary to scrutinize the timeliness and propriety of a denial. The logical conclusion is that a claim will be awarded if the denial or defense is not sustained regardless of policy exhaustion. Pursuant to New York state no-fault law, an automobile...

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What is Negligence?

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

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A Personal Injury Case Roadmap

When you get injured due to the actions of another, you should consult a lawyer. Generally, however, when injury occurs, the law asks a few key questions: Duty—Is one person required to take care not to injure another? The law does not impose an absolute responsibility on everyone to take care of everyone else in all situations. So, some injuries are simply accidents, not addressable in court. The way the law begins to distinguish between injuries that are mere accidents and those that are torts, is by asking “Did the person or entity that caused your injury have a “duty” to take some...

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