Drunk Motorcycling Needs to be Addressed

Motorcycles are dangerous. There is nothing new in this statement. Anyone who has ever stepped onto a motorcycle has known that decision is far more dangerous than setting foot in a car, or bus, train, airplane or nearly any other type of transportation. Again, motorcycles are dangerous. We all know this.

But the dangers of riding a motorcycle are not as well understood. Of course, the obvious dangers are, well, obvious. There is less protection on all sides, so minor crashes can lead to serious damage. This is especially the case when riders don’t wear helmets. Without a helmet, bikers run a great risk of brain or spinal trauma, and of course, death. Motorcycles are also less easy to control since they are on two wheels. Stopping may take less space but again, an injury is more likely because bikes can fall over and the rider is left exposed.

The less well-addressed issue is the problem with motorcyclists driving under the influence of drink and drugs. This is a very real problem, and it leads to a large number of motorcycle accidents.

The reason this issue exists at all is at once, and once again, obvious on the surface with more complex and difficult problems underneath.

The obvious answer is that some drivers, no matter the vehicle, drive under the influence. Drunk driving is one of the primary causes of all accidents and all vehicle-related deaths. The fact motorcycles are not an exception to this problem is not surprising.

The deeper answer, though, comes from the culture of the motorcycle. Having an aura of rebellion and a devil-may-care attitude means that motorcyclists are more likely than other drivers to ignore common sense choices like drinking responsibly or finding another ride home when too much has been imbibed. The choice to ignore what is safe is intimately related to the choice to ride a motorcycle in the first place. Again, everyone who gets on a motorcycle knows that choice has exposed them to greater risk. The choice is often made not in spite of this but because of it.

To fix this problem, more needs to be done to address the culture of the motorcycle. Evidence, like tests done by motorcyclists to drive drunk, should be prominently shown either through commercials, motorcycle magazine advertisements or at the time when motorcycle licenses are given out. While it’s impossible to change how someone feels about any particular thing, raising awareness could at least mitigate some of the worse trends in the motorcycle community.

A more strict enforcement of laws could also go a long way to diminishing the chances the next motorcyclist will make the same decision.

While no one would want to take away that connection of rebellion, liberation, and freedom found in the aura of the motorcycle, some adjustments to the culture should be made for the betterment of the riders themselves.

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Long Term Disability Pay in NC

Although most people romanticize about winning the lottery and living off of the interest once it’s put in the bank, the truth is that most of us will quickly grow tired of not working or having a set schedule from day to day. Of course, this becomes even worse when you have an injury that leaves you permanently disabled and unable to work for a long period of time, particularly because most people who become disabled have not won the lottery, and have no other money to live off of. This is why long term, permanent disability pay is so important. The law regarding disability pay in North Carolina is complicated, but it could be improved to at least acknowledge those with severe mental health issues. None of us can look into the future, and something like this can happen to anyone.

According to the North Carolina Industrial Commission, there is a distinction between a “permanent disability” and a “permanent impairment”. A permanent impairment is a purely medical condition, while a permanent disability is a medical condition in addition to inhibiting or reducing one’s ability to hold gainful employment. This is an important distinction, but unfortunately, the line becomes blurred when discussing mental illnesses. Do they qualify as an impairment, an “anatomical or functional abnormality”? The site also claims that a permanent disability is a damage or loss “to a part of the body”. If the brain is a part of the body, then debilitating mental illness ought to qualify as well. The guidelines set by the industrial commission proceed to lay out the basis for determining disability status for nearly every body part. The amount of disability compensation follows a complicated calculation that takes into account the percentage of damage done to certain extremities (each with their own multiplier based on how important they are for industrial work), and whether, after the maximum amount of rehabilitation, the disability is still present. Then, it is also important to note the even further subdivisions, which is whether the permanent disability is “partial”, whether the hearing loss occurred, and whether or not teeth were lost. There are even separate calculations used for determining the amount of compensation awarded for the amputation of limbs.

The law covering long term disability pay in North Carolina takes such a long time to parse out that worker’s compensation lawyers in Raleigh are becoming more popular. While it is easy to understand that complicated systems ensure that not a single cent of limited government money is wasted when handing out disability pay, it fails to take into account any mental trauma that may have resulted from these injuries or the events leading up to the permanent disability. However, some companies may use the fact that the law is so complicated in order to hold back the proper amount of disability pay. In cases like these, getting a third party involved can help ease the financial burden.

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Hurricane Damage Claims

Hurricanes are among the most destructive natural calamities in the U.S. and, depending on the category a hurricane would fall into, effects can range from damages to frame homes, snapping tree branches and power outages to total collapse of frame homes, weeks of power blackout, and inhabitability of affected areas for months.

In repairing or replacing property damages, people depend on their specific insurance companies as the source of adequate finances. Insurance firms, on their part, would send independent adjusters to claimants’ homes to assess property damages, sometimes a day or two after the disaster, not giving a property owner enough time to  correctly asses his/her own losses.

Though independent, these adjusters are hired by insurance firms and so are trained to represent the interests of their employers. Due to this, the result of assessment to property damages is undervalued. In some cases, claims are denied for reasons claimants never understand or, if a claim is approved, release of payment is delayed.

For a property owner to get an accurate estimate and inventory of the damages to his or her personal or commercial property, hiring his own appraiser is often necessary, whether this be an independent or a public appraiser. An appraiser is expected to act in the best interest of property owners, not of insurance firms. According to the U.S Department of Labor – Bureau of Labor Statistics, claims adjusters, appraisers, examiners, and investigators evaluate insurance claims. They decide whether an insurance company must pay a claim, and if so, how much.

Much of the value of your appraisal will come from the knowledge and assessment of the appraiser, so it is essential to work with an appraiser who has an eye for detail, knows the insurance process, and is looking out for your best interests.

In the state of Texas, for example, getting an accurate and fair evaluation of the damages to properties is highly important to make sure that property owners get the fair amount they are owed for an insurance claim. This is why Texas insurance appraisal is always entrusted to consulting & services firms that look for details, are familiar with the insurance process, and have owners’ best interests first and foremost.

Whether you have suffered damage to your personal or commercial property, an appraiser can help you. Some of the most common claims that appraisers deal with include damage from hurricanes, floods, fires, explosions, ice storms, and wind. Some appraisers also deal with claims of business losses due to property damage.

 

 

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On Oil and Gas Litigation

The energy, gas and oil sector is a large and important industry in the city of Houston, however, the many years of drilling and dredging performed by this sector is said to have not only greatly contributed to the dramatic loss of wetlands which help reduce storm surges, especially in southeast Louisiana, but have also caused the disappearance of 16 to 50 percent of about 2,000 square miles of land.

Due to the loss of the wetlands, the Southeast Louisiana Flood Protection Authority-East now emphasizes the necessity of building higher levees and floodwalls, which means increased costs for building defenses against storm surges. Due to this, said agency intends to hold liable as many as 97 companies; these companies may either repair the damage themselves or contribute to the cost of flood protection today and henceforth.

The lawsuit the agency plans to file against the 97 companies has three major claims:

  • First, though the drilling and dredging was legally permitted but with the condition that these companies will repair any environmental damage, no repair was ever done.
  • Second, years of drilling and dredging, which have turned swamplands into open water, have impaired the effectiveness of a levee – a violation of the federal Rivers and Harbors Act.
  • Third, a principle of civil law called “servitude of drainage,” is said to have been violated since the marshes, which have been turned to open water, have increased the amount of storm surges that move into the metro area during hurricanes and tropical storms. This “servitude of drainage” law strictly prohibits anyone from causing an increase in the flow of water onto someone else’s property.

According to the law firm Williams Kherkher, “The energy industry can be difficult to understand, especially when it comes to the legal requirements that must be met in order to begin work and challenges that arise after the job is complete. Navigating the laws, both state and federal, that apply to the energy sector can be difficult due to the complexities surrounding every aspect of energy extraction. For instance, once an extraction project is allowed to begin, getting it up and running is expensive and any heated disagreement can stop it in its tracks. Additionally, ownership rights of oil and gas can be especially complicated, as different laws govern oil and gas before and after it has been captured.

In addition to this, disagreements that might block the completion of an energy project can be extremely costly for everyone involved. Thus, if you are facing legal issues that may include construction disputes, false claims act suits, royalty disputes, or any other energy, oil, or gas related issue, it may be advantageous to have a seasoned lawyer who will be able to help you navigate the difficulties associated the litigation.”

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Three Common Types of Law Practiced in Texas

Anyone that has ever lived in Texas knows that, here, everything is done bigger. An abundance of business conducted means that the lawyers practicing here have their work cut out for them. Business litigation, employment law, and real estate law are three common types of law practiced. Here are the details of each of these crucial legal specialties.

Business litigation is an umbrella term used to describe many forms of dispute resolution involving two parties. These disputes, without the assistance of a lawyer, can frequently sink your business. Many business owners put absolute trust in their partners and associates, but this practice may come back to bite you if you are not careful. According to the business litigation lawyers of Slater Pugh, Ltd. LLP, contract breaches can involve a variety of actions or inaction that violates a business’s agreements. Do not fall victim to predatory business partners, speak with a lawyer today.

Employment law is an area which is overlooked by many new business owners. With the variety of state and federal labor regulation we face today, hiring and firing can quickly turn into a nightmare and pose a major threat to your business. One such example is discrimination. When a company is accused of discrimination, there can be major financial and legal consequences. In these situations, it is paramount that a business lawyer is on hand to answer questions and handle the case.

Buying and selling real estate means navigating a complex maze of red tape and legal pitfalls. Most people are inexperienced in handling these matters, and rely on a real estate agent to take care of the details. To save money and protect yourself, consider an attorney instead to be in charge of your real estate transactions.

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When Man’s Best Friend Turns On You – Sue The Responsible Party

Dogs are one of the most popular pets that man long to have. Considered as “man’s best friend,” dogs are cuddly to have as a pet. But if they are provoked, dogs can also bite. According to the website of Hankey Law Office, while most injuries from dog bites are mild and require only a bandage, some attacks can also be lethal leaving the victim permanently disfigured, scarred, or even dead.

Deep inside their cuddly and passionate character, dogs are natural predators. They have the ability to inflict great damage or kill an individual on the spot. When you have become a victim of a dog bite, here is a guide on what you need to do after the attack:

Seek medical care. If left untreated, animal bites can result to serious injuries, infections, or death. If necessary, you may need to undergo rabies shots.

File a dog bite report. After undergoing treatment, even if it was only a minor injury, you need to file a dog bite report with the proper authorities. The document will come in handy should you file a case. The absence of the report can make enforcement difficult.

Photograph your injury. Taking picture of your injury will also be helpful should you decide to pursue a case against the owner of the dog. If you need to remove the bandage or gauze, ask the help of a doctor or nurse regarding the safe way to do so.

Dog bite injuries are governed by strict liability theories. This means that the owner would be held liable for dog bites, regardless of whether the owner did anything wrong with regards to ensuring that other people are protected from dog bites. Moreover, even if the owner had no knowledge that their pet was dangerous, they will still be held liable for any injuries.

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An Overview oif the Subsys Fentanyl Spray

Subsys is the first and only spray for breaktrhough cancer pain. The idea behind it is to help manage the intense and rapid flare-ups of pain in cancer patients by providing relief in as little as 5 minutes. It contains fentanyl and is sprayed and absorbed underneath the tongue. According to the website of Williams Kherkher, it is 100 times more potent than morphine as a painkiller.

Given its potential formisuse, abuse, addicition, and overdose, Subsys is only available through the Transmucosal Immediate Release Fentanyl (TIRF) Risk Evaluation and Mitigation Strategy (REMS) Access program. Prior to taking the drug, you first need to understand the benefits and risks of Subsys, agree to all the instructions, and sign the Patient-Prescriber Agreement form. Launched in the market ion 2012, Subsys was specifically approved for the management of breakthrough pain.

Subsys spray is available in 100 mcg, 200 mcg, 400 mcg, 600 mcg, and 800 mcg variants. Abuse or medication errors of fentanyl subject the patient to risks of respiratory depression. Replacement of subsys with other fentanyl containing products may cause fatal overdose. Fentanyl is a Schedule II controlled substance, with abuse liability similar to other opioid analgesics. To be able to prescribe subsys, a healthcare provider must be enrolled in the TIRF REMS Access program.

Subsys should not be used when the following conditions are met:

Patient is not opioid tolerant
For short term pain that you expect to go away in a few days
If you are allergic to any of the ingredients in Subsys
Before taking Subsys, you should inform your provider of the following:
Sores or ulcers in the mouth
Breathing problems or lung issues such as asthma, wheezing, or shortness of breath
History of head injury or brain problem
Liver or kidney problems
Seizures
Slow heart rate or other health problems
Mental health problems
Previous drinking problem
Other health conditions

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Common Car Driver Mistakes Revealed

Driving a motor vehicle requires a great deal of skill on the part of the driver. When on the wheel, you need to be in control and focused to avoid getting involved in a car accident. While we acknowledge that humans do make mistakes, this is unacceptable when you are on the road. A Milwaukee car accident lawyer will tell you that one tiny mistake on the wheel can have devastating consequences. In this article, we shall look at the common driver mistakes.

  1. Being Distracted On The Wheel
    Distractions should be avoided when you are on the wheel. A report by Governors Highway Safety Association revealed that texting and other electronic usage contributes to 25% of all crashes. A 2009 study of the National Highway Traffic Safety Administration revealed that distracted driving caused 5,500 vehicular-related deaths.
  2. Overcrowding The Car
    A 2008 study that was published in the Archives of Pediatric Medicine revealed that carrying more than two passengers makes the car three times more at risk of getting involved in a fatal crash. So avoid loading your car with passengers beyond its capacity.
  3. Following Too Closely
    By driving too closely, you are not giving yourself enough time to react in case the car in front of you makes a sudden stop. At a speed limit of 60 mph, you would need between 120 to 140 feet to make a full stop. This translates to 88 feet per second. For this reason, you need to maintain proper following distance.
  4. Not Wearing A Seat Belt
    Most states now have stringent seat belt laws that penalize drivers who are not buckled up. Most cars today have seat belt reminders that flash warning lights or chimes until your belt is secured. While this can be annoying, it can help save your life.

Car accident statistics are staggering and you do not want to be part of it. Knowing these mistakes can help prevent car accidents and keep you safe when on the wheel.

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An Overview of the EB-1 Visa

Migrating to the United States is something that every individual aspires for. Unfortunately, applying for a US visa is a long and tedious process. If you are a foreigner who has an extraordinary ability, an outstanding professor or teacher, or a multinational executive or manager, you can now have an opportunity to immigrate to the United States with an EB-1 visa.

According to the website of AmLaw Global, an EB-1 visa can give you the possibility of securing a green card in as little as six months. You can apply for three types of EB-1 petitions:

  • Alien of Extraordinary Ability (EB-1A)
  • Outstanding Researcher/Outstanding Professor (EB-1B)
  • Managers and Executive Transferees (EB-1C)

The biggest benefit that you can derive from an EB-1 visa is that the Labor Certification requirement for green card process is waived. Aside from that, the visa numbers are almost always updated. So you do not have to wait for a long time before applying Adjustment of Status and become a Green Card holder. At the same time, you can file for other immigration petitions under similar categories while your request is pending.

Applying for labor certification can be time consuming and costly on your part. Add to that is the fact that you could still be rejected a labor certification if any US worker if a US worker possessing the minimum technical qualifications for the employment is found even if you asre more suitable based on factors that were not taken into consideration during the certification process.

When applying for an EB-1 visa, the labor certification is not a requirement. For EB1-A, a permanent job is not a requirement. Likewise, applicants need not show that they have a US employer. They only have to show that they will continue working in the field where they have extraordinary skills. In the case of EB-1B and EB-1C, a permanent job is required. In short, a US employer must be the petitoner for EB-1B or EB-1C applications.

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Injuries from Dog Bites

Owning pets is a luxury that several U.S. people appreciate. Nonetheless, temperamental animals and irresponsible owners may lead to the public to significant consequences. About 4.7 million Americans are bitten by dogs each year. Of those, 50% of sufferers are kids and another 20% of assaults are severe enough to need medical aid. Hundreds of the harms that are ensuing require surgery that is costly.

Competitive canine breeds, including rottweilers and pit bulls, account for 86% of strikes that trigger bodily harm. Based on the website of the Williams Kherkher Law Firm, double the number in damages is required of owners that had demonstrated aggressive behavior before or were mindful their puppy was competitive. It is very important to be careful when reaching any creature so that you can avoid bodily injury. It is suggested to spay or neuter all pets to limit aggressive behavior and properly socialize them with people and other creatures.

A personal injury lawyers state that dog bite injuries may be severe enough to bring about life-long injuries, health issues that are chronic, and yet the death of the victim. Every day, about 1,000 Americans need emergency treatment for dog-bite injuries and 20-30 folks are murdered every year from these types of traumas.

Physical damage is not the only trauma that puppy attacks can trigger. The average expense of a hospital visit to get a dog bite related injury is $18,200, higher than the general clinic visit.

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