Dangers Of Distracted Driving

One common form of reckless driving that millions of Americans are guilty of every day across the nation is distracted driving. In fact, an estimated 80 percent of all respondents on a recent survey admitted to driving while distracted at least once in their life. This can include a number of actions from putting on makeup to reaching for something in the backseat or even talking with a passenger instead of paying attention to the road.

Even if you are an experienced or skilled driver, multi-tasking in the car can be very dangerous and causes thousands of accidents every year across the country. According to the website of Ritter & Associates, when a driver diverts his or her attention away from the road, they cannot respond quick enough to avoid an accident, or in some cases, even cause an accident by rear ending another vehicle or running off the road.

Common Distractions for Motorists

Recent campaigns against texting or using a cell phone and driving has raised a large amount of awareness of the dangers of distracted driving. Some examples of driving while distracted include the following actions:

  • Eating or drinking in the car – In todays fast-paced world, many meals are eaten on the go. Unfortunately, this can be very dangerous and could result in an accident.
  • Bringing pets in the car – Pets can be a very big distraction, especially when they are free to roam all over the vehicle.
  • Using headphones – Personal music players like the mp3 player have given people access to thousands of songs. Unfortunately, when drivers use them and wear headphones, they may not be able to hear emergency vehicle sires and other sounds necessary for driving safely.
  • Texting and talking on cell phone – Many reports suggest that a person texting and driving is more impaired than one driving under the influence of alcohol.
  • Putting on makeup – Many women put on makeup in the morning on the way to work if they are running late.

To learn more about how you can take legal action after suffering an injury in an accident caused by a distracted driver, contact a personal injury lawyer today.

The Elements Of A Tort

When you are injured in an accident or become ill, you may be faced with a financial burden that includes heavy medical and rehabilitative costs, loss of work income, and other expenses and losses that you are unable to afford or recover. When the cause of your injury or illness can be traced back to another individual or group, however, they may be financially responsible for not only your monetary losses, but your physical and emotional suffering as well. This area of the law is commonly referred to as tort law, and proving that someone is responsible for another person’s injuries is the prerequisite to obtaining compensation. In order to show that someone’s case qualifies as a tort, the situation must meet four basic criteria. The four elements of a tort include:

1.) Duty of Care The person who is allegedly responsible for the injury (the defendant) had an existing duty to avoid actions and behavior that might lead to an injury. For example, a person who invites guests to their home has a duty of care to the guests to warn them of any possible hazards on their property which may cause them injury, such as an area under construction
2.) Breach of Duty of Care the defendant violated their duty of care, i.e., failed to warn guests of the hazard
3.) Injury The plaintiff was injured
4.) Breach of duty as proximate cause the breach of duty by the defendant was the reason for the injury

When all of these factors are present in a case, it is highly likely that the court will award the plaintiff with a level of financial compensation suited to the damages they suffered. If you are considering pursuing legal action in a tort case, you will need the knowledge and skill of an experienced attorney to help you fight your case. To learn more about tort law and compensation, contact a personal injury attorney today.

Factors Of Child Custody Agreements

Child custody is one of the most contested issues in divorces in America. Each parent likely cares deeply about any child involved in a divorce, and may want to settle custody issues with legal representatives involved. In many cases, joint custody is awarded, in which both parents retain custody of their children, but one will be the primary custodial parent and the other will be the secondary. This means that the child will reside primarily with the primary parents and in shorter periods with the secondary parent.

In addition to determining joint or sole custody, however, there are other factors of child custody agreements that must be worked out for divorce negotiations to be finalized. In many cases, spouses will have to discuss and agree upon a settlement addressing:

* Sole custody v. Joint custody
* Physical custody v. Legal custody
* Visitation Rights
* Child Support Payments

These issues can arise time and again during divorce negotiations, and many spouses find it very difficult to agree upon a course of action. In a lot of cases, one spouse feels that he or she should have sole custody over a child or children because he or she thinks that their spouse is not fit to have custody. However, the other spouse might argue the same problem about that spouse. Its easy to see how custody disagreements can be extremely complex, and much of it depends on the willingness to agree on the parts of each spouse.

Child custody agreements are only one part of divorce negotiations when there are children involved, and this process can be taxing and disruptive. If you want to make sure that your needs are being met and that your cares are being fairly represented legally, legal intervention might be necessary. If you are going through a divorce involving child custody, contact an experienced Monmouth County divorce attorney today to discuss your case.

Car Accidents And Driver Error

Car accidents are one of the most frightening and sudden experiences someone can go through. No one is prepared for a car accident when it happens, and most people are also unprepared for the ongoing consequences of being involved in a car accident. For this reason, it is not just considerate to drive safe, it is also everyone’s duty to do so, for the sake of themselves and everyone’s safety. Unfortunately, many people begin to take for granted even the most simple of safe driving behaviors and can become careless when they’re behind the wheel. What this often leads to is driver errors. While a driver may be able to make a series of mistakes without consequence, all it takes is a lack of attentiveness at the wrong time for a simple mistake to become a severe accident. When that error causes someone else to be injured, the injured party may be able to hold that driver legally liable for their injuries, and thus obligated to provide financial compensation.

Examples of Driver Error

Driver error can mean a lot of things. In general, it is any type of dangerous driving mistake that is made unintentionally, which separates it from reckless driving. Some common types of driver error include:

Accidentally running a red light or stop sign
Failure to yield
Accidentally going above the speed limit
Accidentally going the wrong way down a one way
Failure to use turn signals when turning

This is just a short list of all of the many types of mistakes that can be made while driving which may end in a serious accident. Even though most driver errors are not intentional, those who cause accidents can still be held liable. If you or someone you love was involved in a car accident because of a negligent driver, you could be entitled to financial compensation for your pain and suffering. To learn more, contact a Stevens Point, Wisconsin personal injury attorney.

Wrong Site Surgery

Many injuries and illnesses often require several methods of treatment, often utilizing both invasive and non-invasive procedures. Invasive procedures are typically those that involve surgery, and are usually accomplished through the combined efforts of several medical professionals. Unfortunately, they do not always provide the patient with responsible care and sometimes make mistakes, such as wrong site surgery. This error can be used to describe various injuries, such as an operation occurring on the wrong part of the body. According to the website of the Sampson Law Firm, when medical workers fail to follow hospital protocol or are otherwise negligent, innocent patients run the risk of suffering severe harm in addition to their current injury or illness. Fortunately, those who have suffered wrong site surgery may be able to hold the negligent medical professionals accountable for their physical trauma, medical bills, and other losses.

Types of Wrong Site Surgery

An error such as wrong site surgery often occurs when different teams of medical workers fail to properly communicate with each other. Surgeons who do not know the intent of the procedure or are unaware of any critical details are more likely to create a harmful and avoidable injury. Several different types of wrong site surgery are as follows:

  • Operation is performed on the incorrect patient
  • Operation is performed on the wrong body part
  • Incorrect operation is performed on the right body part

Wrong site surgery can lead to severe injuries that could have a lasting effect on a patients life, potentially requiring additional medical treatments and expensive hospital bills.

Legal Options

If you were the victim of wrong site surgery, you should consider taking legal action against the negligent medical professional. It may be in your best interest to contact a medical malpractice attorney, who can help you determine what your best legal options are for pursuing the compensation that you may deserve.