Injury or personal injury that directly affect the human brain is always serious as this can cause severe effects, such as unconsciousness, amnesia, disability, comatose or even death. Personal injury, refers to any type of injury that is sustained due to careless, reckless or negligent act by an individual, business firm or government entity.
There are different possible causes of a personal injury, including a simple slip and fall, defective products, exposure to hazardous materials, medical errors, vehicular accidents and so forth. Some personal injuries are severe, resulting to prolonged disability or even the victim’s untimely death. But whether severe or minor, personal injuries always lead to costly medical treatment and financial loses, especially if the injury causes a person to miss work. Under the law, victims of this type of injury have the right to receive compensation from the liable party to cover present and future damages.
Brain injury, also known as traumatic brain injury (TBI), is an extremely serious personal injury. It is caused by a very violent blow or a strong jolt to the head. Accidents resulting to brain injury include falls (head first), sporting accidents, explosions, violence and, most especially, car accidents. According to the Centers for Disease Control and Prevention (CDC), of the more than one million people in the U.S. who are treated for brain injuries annually, more than 50,000 die.
Car accident is the leading cause of brain injury in the U.S. According to the personal injury lawyers of Spiros Law, brain damage, which 2.6 million Americans are suffering from, is almost always debilitating for any victim, impeding even the most basic life tasks. This is why those who sustain this serious injury are given the right to pursue legal action against the liable party, especially if the injury is a result of the liable party’s reckless or negligent act.
In its website, the law firm Williams Kherkher talks about this same legal right of victims and the best possible course of legal action that victims may pursue through the help of a seasoned personal injury lawyer.
Two things may be true about reckless drivers: one is positive; the other is negative. On the positive side, they have great driving skills, thus the ability to weave through traffic and drive aggressively without; the negative side, they willfully and wantonly disregard the safety of other people and their properties.
Reckless driving is nothing more than sheer lack of respect for others and the law. Drivers know fully well if they are behaving recklessly on the road since being reckless was definitely not what applicants for a driver’s license were taught and trained to do in driving schools.
Though anyone can be guilty of driving recklessly, the ones most prone to this type of irresponsible road behavior, as shown in the records from both the U.S. National Highway Traffic Safety Administration and the Centers for Disease Control and Prevention (CDC), are drivers aged between 16 and 19. As a matter of fact, every year, as many as 292,000 teen drivers are given emergency treatment in hospitals due to injuries, while about 2,650 others never get to see a new day again.
(Just) this April 22, 2015, a Toyota Prius that was driven by a female teen collided with a truck along Highway 50 near Stockton Boulevard in Sacramento. The truck had three occupants (all foreign senior citizens residing in Stockton), The accident, which claimed the lives of the female driver and three senior citizens, occurred before 2:30 am, while the female driver drove on the wrong side of the highway.
Accidents and injuries due to reckless driving are totally preventable; thus, it can be a cause of bewilderment to victims, their families, and traffic enforcers who are always left wondering and asking what could be so important that would make it worth compromising the safety of others.
An article in the website of the law firm Habush Habush & Rottier S.C.® talks about the legal rights of victims of car accident. One of these rights is pursuing legal action for the purpose of seeking compensation from the liable party.
Being hurt in a car accident can cause life-changing effects in the victim and his/her family, including in the financial aspect of their lives. This is why making sure that their claim for damages is of vital importance. Legal assistance from a highly-skilled car accident or personal injury lawyer may make this pursuit attainable.
When drivers drink and then drive, the possible consequence is road accident that can cause property damage and, possibly, injuries. For more than a hundred years, driving while impaired has put many lives in danger, including the drunk driver’s very own life.
The U.S. National Highway Traffic Safety Administration (NHTSA) has named drunk driving as one of the top causes of motor vehicle accidents. In 2010, it was the cause of 10,228 deaths and 1.4 million arrests. In 2011, another 9,878 individuals lost their lives due to it, while in 2012, the number of lives lost was 10,322.
The first blood alcohol concentration (BAC) limit for drivers was determined at 0.15% – this was in 1938. Until the late 1990s, death toll due to driving under the influence had an average of 20,000 annually. In 2000, the US Congress passed into law a new national illegal limit for impaired driving: 0.08% BAC. This was in the hope of reducing substantially the yearly average of fatal car accidents.
Drunk driving offenses, especially repeat offenses or if the accident caused injury or death, can result to many legal implications for the liable, negligent driver besides the heavy fines and probable jail sentence (the amount of the fine and the length of the jail sentence depends on the severity of the offense). The court may also decide to require the driver to fill out an SR-22 form (also called Certificate of Financial Responsibility (CFR) form or FR-44), as well as have an ignition interlock device (IID) installed inside the liable driver’s vehicle. Aside from these, all U.S. states also apply two statutory offenses n those caught under the influence of alcohol while driving:
- The first is the charge of DUI (driving under the influence), DWI (driving while impaired/ intoxicated), or OWI (operating a motor vehicle while impaired/ intoxicated). Determination of any of the three takes its basis from the arresting officer’s observations and judgment arrived at through roadside sobriety test results, and the driver’s slurred speech and driving behavior.
- The second is what is called “illegal per se” or driving with at least a 0.08% Blood Alcohol Concentration (BAC) level.
An article in the website of the Sampson Law Firm says that despite much effort from the police department to “pull drunk drivers off the road before they can cause an accident, the fact remains that drunk drivers continue to cause serious accidents with disturbing regularity. Sadly, these accidents can be particularly dangerous because of the circumstances under which they occur—for instance, many accidents are caused in part by excessive speed, running stoplights and stop signs, and reckless behavior that can be difficult for victims to anticipate prior to the accident.
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