It is not uncommon to witness such scenes.

Accident

Despite all the precautions taken, the boat has just gone thirty yards into the no-ski zone when a boat led by a woman bumped into it. The impact of that accident was so great that the fuel lines of both the boats broke and lead to an explosion which killed everyone except the woman on the ski boat.

The Attorney

Following the funeral of the watercraft accident victims a boating accident attorney met with their children and hinted that the accident might not be the open and a shut case as it seemed to be. He expressed that he wanted to deal with the insurance companies involved, take into account what the witnesses had to say, take photos of the boat  wreckage and the accident location and if needed the hiring of the accident reconstruction engineer.

The attorney was intent upon finding the one responsible for the boat mishap. He said he would decide how much claim should be made against that person. The claim had to cover damage to the property, payment of the funeral bills and suffering compensation.

Proceedings

As a part of his investigation he instructed the children to not to talk, either to the insurance companies or the Coast Guard unless he was with them during the conversation. The attorney was offering all this service to the affected families free of charge. He only hoped to put the claim of one third of his own expenditure against the driver.

To assure the children he told them that he had won judgments  for twenty other clients but still they should be ready for any outcome- gen the fact that the case seemed very secure. The attorney had been a Maritime Attorney in Florida and was acquainted with both admiralty and maritime law. To defend the innocent victims of such accidents and to represent the accused, these were all the props he needed.

The litigator said that his investigating experience would also be handy in the case he was perusing.  Important it is to dig deep into such accidents.

Result

The attorney we read about here himself highlights how important it is to dig deep into such accidents. In the same way these attorneys who do so are equally important for these accidents might be due to alcohol, inattention of the craft’s driver and their inexperience at handling a boat and speed. Thus to reduce such accidents it is important to learn what caused the prior ones.

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Given that, while it might not be very obvious to know about different types of law suits, it is best to have some raw knowledge regarding attorneys and their power. Such is the case of a head injury attorney.

Head Injury Attorney

Dealing with new information is the toughest thing to do when hit by an urgent situation. Ever heard of a head injury attorney? Or a spinal cord injury attorney? This is what Jennifer was searching in her directory while her mother was laying on the couch moaning and holding a cloth over grapefruit sized head injury which had now started to look grotesque.

Jennifer’s hands were shivering and she was being hit by an extra dose of adrenaline as she tried to get her mother to a hospital as soon as she could. Some incoherent words slipped from her mother’s mouth during this time which did nothing but tense up the situation more for Jennifer.

The Appointment

Finally she got hold of a head injury attorney and an appointment was made for the next day. Soon after the EMTs arrived just as her mother was losing consciousness. After what seemed like an eternity to Jennifer, her mother was finally put on the gurney and wheeled out of the door and into the ambulance. Jennifer quickly got inside after locking the house up.

On the way to the hospital, Jennifer made quick calls to relatives and friends informing about her mother and she promised to keep them updated about her condition. As she glanced at her mother’s face she was suddenly filled with anger. The unconscious woman was now beginning to show signs of bruises on her face.

What Actually Happened

How the accident took place was that Jennifer’s mother was doing some weeding outdoors and she saw that a flower patch badly needed attention in the street. She liked maintaining her street this way.

During this time a neighbor was pulling out from his driveway and he hit Jennifer’s mother in the head just as she stepped out and bent downwards to attend to the patch and sent her flying into the yard. The neighbor took a while to realize what he has done and after going ahead 60 feet he turned back to help her. He immediately called Jennifer and explained to her what had happened.

The Trauma

Jennifer tried to calm herself down and tried to tell herself that this was an accident and it could have happened with anyone. The only problem was that a couple of years earlier a similar accident had happened with a dog by the same man. He was a business person and was always in a hurry to get where he was going. He was usually driving too fast for a neighborhood.

This for sure could have happened to anyone but this time it was her mother so she did not hesitate at all in calling the spinal cord injury attorney. The hospital was doing all sorts of x-rays and CT scans to determine the extent of the injury. After waiting 2 hours a nurse informed Jennifer that there was a spinal injury and that it was inflamed but it was still too soon to determine the seriousness of the issue.

Justice Served

All she could now was wait. During this time thoughts about how she was to pay for the treatment troubled her and all sorts of negative thoughts came to her mind. She then got a phone call from the neighbor who offered to settle this case out of court if she was willing to accept $5000 offered by his insurance company.

Too baffled to think, Jennifer just commented on how unfortunate the situation was and that she would talk later.

The next morning she got a call from the hospital informing her about her mother’s condition and that she would be safe and would recover fully soon. Unable to hide her happiness, Jennifer burst into tears and realized how blessed she was and immediately thanked God for all that He has done for them.

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History

Affording the luxurious beauty and then flaunting it is what Arabs, through ages had been good at. In olden times the items they took pride in were their women and their rides- horses and camels. With time they modernized. The women remained in their prior slot; horses and camels got replaced by big fancy cars.

Yet they were to be shown off too and of course in the boldest of styles possible. They did it and still do it no matter what it costs them-their cars or worse, their lives.

An Ordinary Scenario

For instance, here in this picture a young Arab seated behind the wheel of a Cher, pearly white Toyota Land Cruiser rushes his car through the dangerous sandy paths of a desert. He does not only show off his magnificent vehicle but also his own driving skills which apparently are not as perfectly assuring as are they recklessly intrepid.

The cruiser here seems to be in complete control over the loose sand as it moves over the slightly inclined surface which might also happen to be a sand dune, but all of a sudden the scene changes. It seems as if the sand has also decided to brandish its own might.

One of the front tires of the cruiser sinks in the sand and then hitched up on that particular tire the other side of the car begins to lift up. It seems as if the desert is trying to juggle the car. This is pretty disconcerting for the rider as his scarf and hand which waved joyously outside trough the sun roof are seen to descend inside the car.

Dilemma

The driver tries to control the car but before he could do anything it topples over its own hitched tire and flips sideways over and over again. To break its fall, nothing, neither the inclined plane nor the grainy sand helps. In fact the sand which is not held to the ground flies around with the hopping and falling car as if trying to bury it under itself.

In fact at one point it seems like the sand leaves the ground with the car and the whole scene seems as if the ground is mercilessly trying to engulf the car. Helplessly the car tumbles over and over again disrupting the calm sea of sand and letting it inside through every possible inlet. During this, the dropping car gets wrecked in such a horrific manner that one feels sorry for the dissolution of a majestic car into a pile of trash.

End of the Road

Of course to begin with the rider of the cruiser is not aware of the absolute outcome of his journey but somewhere deep down in their heart this rider as well as all the rest like him knows that they are playing with fire.

Even then it is such a dear hobby to the Arabs, that in old days they used to tie little children with the legs of camels so that they run fast as they can when they hear the screaming. Today they tie big grown up men- themselves to the cars so that they are heated up and then shown off properly.

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She screamed until she was pacified with some sedatives but seeing her was heart rending. Once the attorney had had a fine look at the burn victim her grandfather took him out to talk.

What Happened

The case which unraveled before of the attorney was the first of its kind. It was Christmas time. The little girl picked up a candle form the Christmas tree and almost instantly her pajamas caught fire. As this was happening she was alone on the upper floor. Her parents came to her rescue only after she was already half burnt.

Where the Problem Originated from

The thing which intrigued the child’s grandfather was that the pajamas she was wearing had not only caught fire but they had also melted into her wounds.  Making a link of this incident with another one happened sometime ago, the grandfather told the attorney that a Giant Chain Store had its pajamas removed off the shelves after being there only for four days.

During an inspection the inspectors had found them almost instantly flammable. The grandfather had wondered if the store and distributor would be liable for allowing the clothing to go into the market.

How the Attorney Performed

Following his cue, the attorney explained to him how wrongful death suits unfold. It takes years for them to reach a conclusion and even if they do the insurance companies try every possible way to delay paying liability claims. This barrister however, confirmed him that he would deal with the insurance companies involved.

He would go and talk to the store authorities where the pajamas were purchased from, take important photos of the accident site, hire accident re-construction engineers and other professionals if needed. He also planned to meet representatives of the manufacturer and distributors of those pajamas.

Lawsuit

Attorney also explained that long experience was required in this condition. This was needed to decide how much claim should be made against the people whose actions had caused the tragic accident to happen. Damage to personal property, payment of all medical bills, presently and throughout the life of the victim as well as pain and suffering compensation would be covered under the claims.

In order to pursue the investigation properly the lawyer instructed the grandfather to not to meet up and talk with the representatives of the giant store. It also included not talking to the insurance companies in his absence.

Besides, he was also explained that as a coin has two sides, this case can also have any of the two outcomes- one he would like and the other he will not, so he should not get his hopes very high. The attorney also obliged them by deciding not to take any payments from them unless he wins the case.

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This also constitutes why medical products come at a high cost because they undergo a series of legal actions if found malfunctioning.

Medical product liability and companies:

The fear of lawsuits and high cost of medical product liability cancels many items from being developed and sold. Many companies take their products out of the market because of this fear even if no lawsuit takes place. Even the suppliers of material for final product have been charged in case of lawsuits.

Responsibility of risk:

It is important to know if the people involved in the making of items in medical industry take responsibility if these products fail. Many a times only one out of a hundred items is defected and can result in the entire brand name and its makers being labeled defendants.

 It is important for the doctor or physician to put in ample amount of time and research on the products. They must know well enough about the product to aware the users on potential threats and warnings. They must also indicate what causes device malfunctioning.

Also it is to be considered that if the company does pass on this information to the doctors and the risk of malfunctioning is as low as .14%, should the doctors see this as significant enough to pass this warning to the user?

Regulations:

Since there is little in the federal law regarding this matter, lawsuits are staged more in some states and less in others. There exists dichotomy between medical product liability and state laws. But there is one agreement they all reach: to have a company pay monetary sanctions for any injuries done by their products.

Drugs such as Fen Phen, Vioxx, Accutane, Baycol and Crestor and a device to treat aortic aneurisms have been targeted by lawsuits. Pressure from medical product lobbyists can push the FDA to approve new products sometimes without searching all side effects.

Conclusion:

Though Christians place faith in god in the matters of protection and defense, it is common deal to charge those who harm us. Mostly if a charge is filed against the harm or death caused by any product, it is found that it was not the first charge made and your name is added in the list of all those who took a legal action. In such cases, make sure you find an attorney with experience in this civil law and medical product liability and who is trustworthy.

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The intoxication affects the driving skills of the driver and his ability to decide at critical moments is jeopardized, which leads to the traffic accident. In order to curtail this trend, the DUI check posts have been introduced.

DUI Check Post

DUI check post is a mean used by the law enforcement agencies to check the people driving under influence of the drugs.

It is composed of a roadside police patrol stationed with a couple of barriers that channels the traffic. The vehicles may be stopped by the police at such a check post or even waived through without stopping.

Rationale For DUI Check Post

The trend of alcohol consumption is on the rise in USA. In order to deter the people from driving under the influence of alcohol, the DUI check posts have been made  a part of the law. Such a post has the power to stop any suspected vehicle and subject the driver to a field test or breathalyzer. Any person that shows the limits higher than permitted by law can be arrested at the spot.

Legal Standing Of DUI Check Post

The DUI check posts have been debated since their adoption. They have been tagged as the national way of mistreating its people. They have been criticized as racist and corrupt. However, these check posts are protected by the law and they have all the legal authority to stop and arrest he people driving in intoxicated state. They are further protected by the clause of the applied consent whereby any driver applying for the driving license allows the police to stop him if and when required.

Field Tests At DUI Check Post

The DUI check post can arrest people if they are under influence of the drugs or alcohol. In order to check this, there are two options with police. Firstly they have the breathalyzer test that determines the blood alcohol content. Second is the much debated field sobriety test. This test is composed of a number of field tests that can be easily done by a sober person but difficult to pass while intoxicated. The marking of these tests is controversial as it depends on the judgment of the individual police officer.

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In order to address this menace, the governments world-wide have formulated strict laws to stop the DUI happenings. One of the clauses is the compulsory attendance of DUI School.

What Is A DUI School?

The DUI School is a place for the training of the drivers who are caught driving under the influence of drugs and alcohol. This school acts as a rehabilitation center where the drivers are motivated to stop using the alcohol.

In addition, their driving skills are subjected to evaluation. The result of DUI School may also lead to cancellation of one’s license.

Need For The DUI School

The DUI laws have enforced strict punishments for the people driving under the influence of drugs. However, there are occasions when one is likely to be awarded lesser punishment due to first offence. Similarly, the lawyer may try to walk his client without facing any serious punishment. This has lead to the adoption and creation of a DUI school. This is one of the non-punitive measures adopted to discourage the trend of drunk driving. The convicted drivers are compulsorily enrolled in this programme.

Court Orders For DUI School

One of the common pleas used by the lawyers is to request judge to enroll their client in the DUI School. This is a non-punitive measure and hence does not affect the record of an individual. The judge is empowered to sentence any person to get compulsory enrollment in the DUI School. In addition, a person may be sent to the DUI School despite being punished in other ways like jail time. This rationale for the DUI School varies from state to state and few states have compulsory attendance in DUI School following a DUI conviction.

Department of Motor Vehicles

In addition to the court sentence, an individual may be enrolled into the DUI programme following a request from Department of Motor Vehicles. The department may do so following the reckless driving by any driver. In addition, a driver considered DWI (driving while intoxicated) may also be required to enroll in DUI School. The class attendance is made compulsory in all these cases. Individuals may also be sent to the School to improve their driving skills.

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Zero Tolerance Law

As per the law of USA, no individual is allowed to buy or consume alcohol until he reaches the age of 21. The limit for getting a driving license is 18 years. Therefore, there are the chances that an individual under 21 years is drunk and starts driving on road. As a large number of the accidents are caused by drivers less than 21 years of age driving under influence of drugs and alcohol. So the governments have made law for them which is called Zero Tolerance.

Need For Zero Tolerance Law

As per the DUI laws, an individual is considered to be driving under influence if his blood shows an alcohol content of over 0.08 %. However, a person under 21 is not allowed to consume alcohol so his blood should not contain any alcohol. Therefore, the Government has adopted a zero tolerance law, which has eliminated the tolerance limit of 0.08.

As per this law, any driver, under 21 years of age, is considered to be driving under the influence of drugs, if his blood shows a BAC of 0 to 0.02 %. These limits vary from state to state.

Punishments

The zero tolerance law has not only eliminated the tolerance limits, but it has also specified strict punishments for the offenders. According to this law, a driver may face fines, jail time and suspension or revocation of his license. These strict punishments act as deterrent in reducing the number of accidents caused by the minors driving under influence of drugs.

Implied Consent Law

As the determination of the blood alcohol demands the use of the breathalyzers, a driver can always refuse this test. However this has been catered for by the incorporation of the implied consent clause. As per this clause, any driver applying for the driving license allows the state and police to conduct the BAC test as and when deemed necessary. This has removed the lacuna from the DUI laws.

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DUI Laws

DUI laws mean driving under influence of alcohol. These laws have been adopted in USA to minimize the number of traffic accidents due to the drunk drivers. The traffic laws have always existed in USA and the punishments have been decided but the new DUI laws have stricter punishments for the violators. These laws also specify the particular blood alcohol level or BAC that would constitute an offence under the DUI laws. These laws vary slightly amongst the different states as the blood alcohol level for conviction is different.

Need For DUI Laws

The previous laws for ensuring traffic rules and traffic discipline were unclear in certain domains and the same have been addressed by the DUI laws. These laws coupled with the clause of implied consent have correctly identified all the anomalies.

As per the implied consent clause, any one that is applying for a driving license automatically allows the traffic authorities to stop him and subject to the DUI tests. These tests include the field sobriety tests and may also involve clinical evaluation if necessary.

Clauses Of DUI Laws

The DUI laws coupled with the implied consent clause have addressed the traffic violations related to drunk driving. Now any individual can be stopped and checked by virtue of implied consent and the DUI law states that a person with blood alcohol level of over 0.08 % is considered to be legally intoxicated. The same limit is further reduced for the drivers under 21 years of age by the zero tolerance law in DUI laws. A person under 21 is considered to be driving under influence if his blood shows alcohol of 0 or maximum 0.02%.

Punishments For DUI

The DUI laws have a set of tough penalties for the offenders. While the first time offence may be punished with a fine alone, the repeated offence may land one for community service. Serious violations lead to the jail time and the repeated offence results in revocation of ones driving license. These strict punishments act as deterrent in preventing the –people from driving under the influence of alcohol.

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What Is Zero Tolerance Law?

The zero tolerance law is a law that prohibits the persons against drunk driving. Where the limit for blood alcohol level for adults, i.e., over 21 years old is 0.08%, the same limit has been reduced for minors under the zero tolerance law. As per this law, the people under the age of 21 are considered to be drunk drivers if their blood shows an alcohol level of over 0.02.

Background Of Zero Tolerance Laws

The zero tolerance laws were adopted in USA once the number of persons under 21 years involved in the traffic accidents increased. Most of these people were found intoxicated and this dangerous trend was becoming ever more prominent.

Since it is illegal for the people under 21 years of age to purchase and consume alcohol, the blood alcohol leverage of 0.08 was removed from the law and now these people are considered DUI even if blood shows BAC exceeding 0.02 or even in some states 0%.

Who All Are Affected By Zero Tolerance Laws?

The zero tolerance law is discriminatory in nature and applies to only the drivers of ages less than 21 years. Now anyone of 18 years of age is eligible for a driving license and allowed to drive a vehicle. But since a person under 21 is not allowed to drink alcohol, he or she can not have a blood alcohol level of 0.02 while driving as this much alcohol content constitutes a crime under this law.

Punishments In Zero Tolerance Laws

Zero tolerance law specifies serious punishments for the offenders. As against the normal punishments for the DUI, the punishments under zero tolerance are much more severe and range from the heavy fines to the suspension of driving license. The drivers may also be subjected to the community services and repeated offense may land one into the jail for some time. Hence the zero tolerance laws specify stricter punishments for the people as compared to normal DUI.

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