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What Are Some Common Causes of Car Accidents?

Attorney Michael Ehline

Since most drivers are out on the road nearly every day, drivers must be aware of car accident risks. And although accidents are rare for individual drivers, statistically, they remain persistent. Being able to determine some of the common features between such accidents and how to prevent future accidents. You won’t be able to avoid all of them. But tips like this sure can help unwary travelers.

Not Driving Defensively

According to an auto accident attorney, many accidents happen when other drivers are driving aggressively, causing issues on the road. If you see any one suffering and have a medical AED training you can help dissolved the situation. Many try to dominate lanes or tailgate other drivers. Making sure to de-escalate the situation with defensive driving can help. Also, you can receive low-cost classes on how to do so. And that also reduce your insurance rate.

Low Speed Crashes are Common

While many of the most severe crashes happen at high speed, many are at 30 miles per hour or lower. According to a personal injury lawyer some are simply unavoidable or the result of factors such as weather or faulty parts or manufacture. Driving a little under the speed limit or as circumstances allow can further reduce the risk of a crash.

Drunk and Impaired Drivers

Drunk and impaired drivers make the roadways much less safe. A NHTSA report indicated that over 8% of drivers at any time could have alcohol in their systems.

It’s hard to avoid those driving under the influence, but they are a common sight, unfortunately, and a common source of accidents. That’s why police officers commonly ask the drivers to get out of their vehicle to take a field sobriety test.

Using Proper Safety Gear

Make sure that your airbags are properly functioning and that you and your passengers buckle up for every single ride. Make sure that your lights are properly working and not causing issues on the road.

Solo Accidents

Many car accidents are the result of a driver falling asleep, losing control of the wheel, or facing other issues. Keep aware of your surroundings at all times and contact a boating accident lawyer if you ever get involved in a boating accident.

Experience

The more time on the road, often, the safer the driver is behind the wheel. Facing many types of situations over the years makes a driver much less likely to get into a crash and avoid issues with other drivers.

Elements Out of Your Control

There are many factors that a driver cannot always control. Some include obvious ones, including weather. However, in other cases, faulty parts or maintenance can cause severe accidents when least expected. There could also be road or signage defects that spark crashes (Read More.)

Skilled Attorneys Can Answer Questions

Often one of the most potent tools for both preventing and responding to accidents is the word of an experienced attorney. A lawyer that has seen it all before could explain how different accidents occur and past cases they’ve seen, if you are looking for a lawyer be sure to learn about the costs of DUI in Florida from Leppard Law.

Ehline Law’s skilled team is available for advice or to review any possible claims you may have. Please email us using the form on the right or call us at 888-400-9721 at any time of the day.

Vacaville Case May Shift Police Brutality Precedent

A Police Assault on a Senior at His Home

The attack and injury on then-60-year-old Nick Buckhalter at his home in September 2016 was astonishing. Vacaville police attacked the senior after hearing a screech of his tires at his house one night.

A plainclothes police officer called in the information, and within minutes, police got their 5.56 ammo and were on the scene. As a result of the incident, Mr. Buckhalter is suing the city, its police department, and those involved.

Excessive Force and Arrest

What should have been a relaxing drive out became a nightmare. Forced to sit on the ground, Mr. Buckhalter remained handcuffed against his will. And not only that. One plainclothes officer. Also, the vet warned the officers about his artificial shoulder. And also, the tightly handcuffed him anyway.

Officer Daniel Torres further charged Buckhalter with resisting arrest after the victim’s hand snapped forward due to his artificial shoulder. The application of excessive force led to severe injury. Also, the arrest itself took place without any viable probable cause.

Reckless Police

The victim’s attorney injury personal, led by Constitutional defender Alan Beck, allege the officers’ actions were in bad faith and “reckless disregard of Mr. Buckhalter’s federally protected constitutional rights.”

Furthermore, the actions of the officers that night led the vet to severe physical and emotional damage. Due to the assault, Mr. Buckhalter lost the use of two of his fingers.

He still feels pain from the incident today. Saddled with several medical bills and trauma, Buckhalter has permanent shoulder damage.

There are many aspects to this case that interests legal scholars. A clear precedent formed revolving around the abuse of the victim’s Fourth and Fourteenth Amendment Rights. He was not secure in his person from false arrest at his own home.

Racially Motivated?

Additionally, the attack seems possibly racially motivated. Most of all, the combination was a dangerous one and abused by the officers. Furthermore, the justice sought by Mr. Buckhalter will be a beacon for others abused by police.

This case is an exciting yet saddening confluence of many factors. So this includes malice, assault, battery, and illegal arrest. But also, wanton disrespect of a citizen’s Constitutional rights remains at issue.

Of particular interest, the team of Beck, Yorkey, and Beekman is the best possible one to take them on, however. Their years of experience and knowledge of the case study is invaluable.

Testosterone Therapy: Risks and Litigation By Ava Lawson

Testosterone therapy is FDA approved. The whitesands addiction treatment says that the purpose of these drugs involves boosting male sex hormone levels. This condition is known as hypogonadism. And it has been marketed as a lifestyle product to men experiencing the normal effects of aging. And in 2012, manufacturers Abbot Laboratories. Also, AbbVie spent more than $80 million advertising Androgel. So that places it among the most popular testosterone supplements on the U.S. market.

And their ad campaign targets middle-aged men with a “Low T” symptoms checklist that asks:

  • Has your sex drive diminished?
  • Have you been feeling moody?
  • Do you have less energy?
  • Are you experiencing decreased muscle mass or strength?

Doctors say that less energy, a waning libido, and increased body fat are normal facets of aging. So the low testosterone or “Low T” industry largely invented condition called “low T.” After all, testosterone levels naturally start to drop in men after the age of 30. So it’s really normal T.

And only some testosterone patients are actually tested for and diagnosed with hypogonadism. Yet, millions of men now use Low T supplements. Some products have questionable medical benefits. Also, they carry dangerous side effects. And these include an increased risk for heart attacks and stroke. Also, a Drug Reporter article links TRT, and heart attacks. Sadly, strokes and other serious health complications also come into play.

Deceptive testosterone therapy marketing tactics

Androgel remains among America’s best-selling testosterone replacement supplements. And it’s sold as skin patches, creams, injections, and gels. And these include brand products. These include Axiron, Fortesta, Striant, Tesopel, Testim, Bio-T Gel, and Androderm. Also, low T supplements have been promoted as a veritable fountain of youth. And this is done in direct-to-consumer ads. Interestingly, many in the medical community view them as misleading and deceptive.

“The market for testosterone gels evolved because there is an appetite among men and because there is advertising . . . The problem is that no one has proved that it works, and we don’t know the risks.” This is according to Harvard Medical School professor Dr. Joel Finkelstein. And that’s what he told The New York Times in 2013.

Recently, product liability lawsuits were filed against Abbott Laboratories and AbbVie Inc. And plaintiffs allege these companies “deceived potential AndroGel users by relaying positive information through the press, including testimonials from retired professional athletes…while downplaying known adverse and serious health risks.”

The first wave of Androgel lawsuits brought in 2014. And they came on the heels of an FDA announcement. And they said that regulators would be re-examining the risks of testosterone replacement supplements. Most of all this is because new research suggested a higher risk of strokes. Also, cardiovascular injury provesmore common in certain populations of men who used them.

Testosterone side effects and increased heart attack risk

One of the most worrisome published studies on testosterone risks is in January 2014. PLoS One Medical Journal. There, researchers found that men aged 65 and older, as well as younger patients with previously undiagnosed heart disease, had twice the risk of suffering a heart attack from testosterone therapy after just three months.

A separate study published in the New England Journal of Medicine found that topical application of testosterone gel can raise the risk of myocardial infarction. Also, it confirms that stroke and atrial fibrillation can happen more in older men. And some men using Low T products have experienced transient ischemic attacks (TIA).

Of special interest, these are known as mini-strokes. And these remain known precursors to strokes in about 30% of patients. But strokes and adverse cardiovascular events are just a couple of the life-threatening side effects. However, the common link with these strokes is testosterone replacement therapy.

Also, other reported side effects include:

  • Sleep apnea
  • Increased risk for prostate cancer
  • Pulmonary embolism – a potentially deadly blood clot in the lungs
  • Paroxysmal Ventricular Tachycardia (PVT – rapid heart rate)
  • Blood clots and deep vein thrombosis (DVT)
  • Polycythemia (high red blood cell count tied to an increased risk of stroke and heart attack)
  • Death

Lawsuits mount alleging testosterone therapy injuries

Across the country, dozens of testosterone lawsuits have been filed against manufacturers. And these include recent cases against AbbVie Inc., Pfizer, and Auxilium Pharmaceuticals. Plaintiffs contend that no proper warnings were given about the dangers of Low T supplements. And plaintiffs allege a number of debilitating and potentially fatal side effects. And they claim it was from using the gels.

So for example, allegations include victims suffering from heart attacks, and deep vein thrombosis. Other plaintiffs allege strokes, TIAs and pulmonary embolisms are outcomes of TRT. Also several wrongful death suits been brought by family members. Of special concern here, their deceased loved ones died after using testosterone therapy.

To streamline the escalating numbers of similar claims and factual issues, federal suits were centralized in the U.S. District Court for the Northern District of Illinois.

Enter Judge Matthew Kennelly

So now they are before Judge Matthew Kennelly. Also, the Testosterone Replacement Therapy Products Liability Litigation, is classified as MDL 2545. And MDL 2545 began with less than 50 Androgel claims. But now it has amassed over 1,000 low T drug injury cases.

Legal experts predict an expansion of litigation. And this is because more studies point to testosterone and cardiovascular linked risks. But the majority of of 2015 will be focused on general and case-specific discovery processes. And the first bellwether trials, which are 6 Androgel cases, are slated to go before a jury in October of 2016.

Also, claimants want money for medical expenses, lost income, plus reduced earning capacity. Last, they are seeking money for pain and suffering. And that demand is based on failure to warn, fraud, negligence, and unjust enrichment.

Resources:

  1. WebMD, Low Testosterone Therapy: Risks and Benefits http://www.webmd.com/men/features/low-testosterone-therapy-risks-benefits
  2. Androgel.com, Diagnosing Low Testosterone. http://www.androgel.com/diagnosing-low-testosterone
  3. FDA, Evaluating risk of stroke, heart attack and death with FDA-approved testosterone products. http://www.fda.gov/Drugs/DrugSafety/ucm383904.htm

New California Rules Codify Politeness

Span boxing attorneys

Fighting Spam

By attorney Michael Ehline: If California could find a way to regulate the legal profession, this is it. Rambo style litigators may now be under watch from above. Trial attorneys make up a substantial portion of the professional class in the state, and now Californians may find a change in attitude.

Due to a decision of the state Supreme Court, attorneys are now required to promise to act with “dignity, courtesy, and integrity.” The rules may not make as much of a difference in the court room, but with the need for competent attorneys, ranging from practicing constitutional theory to injury lawsuits, this could make a difference.

The Oath

The addition to the oath fits in with the current standard, promising to uphold the state and national constitutions. According to the State Bar Association’s brief on the matter, the changes would be “consistent with the State Bar’s past and ongoing efforts to enhance lawyer professionalism and civility.”

Some attorneys will recall that a similar rule was at one time. And it was a codified and mandatory requirement of the CA Bar.

Some lawyers gt before the Bar with charges for acting in an “uncivil” manner lodged against them. Often this was done by opposing counsel. Many lawyers disagree with these types of requirements. Deciding the outcome could be a panel of political-minded or competing attorneys. And that could spell doom to the charged lawyer, for one reason or another.

My view is that political correctness is destroying our country. Also, if rules like this become mandatory, they will chill advocacy and speech. So why not let the marketplace decide what attorney stays in business? Is that so novel? Although it is a profession, personalities of some lawyers rub others the wrong way.

Forcing Rules?

Forcing rules upon jurists, rather than let society decide with their pocketbook, can hurt and not help the legal profession. Guidelines for a lawyer’s civil behavior are in Blackstone’s Commentaries. And they can be found in Psalms and Proverbs. But hopefully, you were taught to all of this by our parents.

Proponents will argue that this ruling is a mere goal. After all, it is yet not a punishable offense. However, my view is that lawyers should have a personal sense of honor. We do not need a nanny or policy goal to tell us how to behave.

Vague and ambiguous rules open the door for a bureaucrat to dictate how an advocate should advocate. Taboo is taboo. And people will know it when they see it. People will steer clear of a bad lawyer. With online reviews, rating systems and organizations like the Circle of Legal Trust, exacting standards can be found and retained by needy clients.

“Civility” Oath Rule Adopted by Supreme Court: http://www.courts.ca.gov/25857.htm

Dealing With an Uncivil Opponent “Finding the High Road”: http://coloradomentoring.org/wp-content/uploads/2013/10/Walters-WE.pdf

Wrongful Death Law Basics

Attorney Michael Ehline

Attorney Michael EhliThe definition of a wrongful death lawsuit begins with the death of a person who dies due to the negligence or carelessness of another person, a company, manufacturer or entity. According to the official website this type of death can be challenged in a court of law by the immediate family or a personal representative of the deceased, to hold the negligent party responsible for the death. The Tampa FL Criminal Justice Law Firm experts say that, Most commonly, the immediate family that files the wrongful death lawsuit with the assistance of a wrongful death attorney will be a surviving spouse, children of the deceased, parents, and in some cases grandparents or another family member directly affected by the death.

Possible Types of Wrongful Death

some common types of situations can be responsible for the wrongful death of a person. They include:

Motor vehicle accidents due to careless or reckless behavior on the roadway that results in the death of another person. And this can involve car, motorcycle, bus and big rig accidents and that’s why people use professionals as a car accident lawyer to cover these cases. Pedestrian and bicycle accidents that result in death due to the negligence of a motor vehicle driver. Bicycle accidents resulting in death might also be due to a manufacturer or company’s poor design or defective parts.
Defective products can place the company or manufacturer as a negligent party when the product was poorly designed or had a defect, or there was a failure to warn of dangers associated with a product, which was directly responsible for the death of a consumer.

Death By Product

Yes, the death can be from a defective electronic product, a faulty motor vehicle or aftermarket part, say these Miami lawyers for wrongful death. Other examples could be a motorcycle with a poor design. Also, recalled products, including medications can be responsible for a wrongful death. And the manufacturer(s) can be held negligent.
Medical malpractice can be responsible for the death of a person. The death may be caused by medical practices, medical procedures by an inexperienced or untrained medical professional, inappropriate care in conjunction with other medical professionals, and other types of medical errors.

Workplace negligence can result in a wrongful death action. And it can happen when there is improper maintenance of equipment. Basically, anytime hazardous conditions exist, death is sue to follow. For example, imagine a hazardous substance used at your workplace without proper protection and ventilation. But it can happen in other ways. For example, airplane and bus accidents caused by operator error, reckless behavior, or lack of proper maintenance that results in death. Dog bite attacks can result in wrongful death, and the owner remains accountable for the animal’s actions in most cases.

Criminal Behavior or Actions

Wrongful death lawsuits have time constraints, read more to understand the time you have in disposal before filling a complaint. And the lawsuit must be filed within the legal time limit. If not, the court rejects the filing.

Understanding Pecuniary Loss

Punitive damages are a part of the wrongful death lawsuit. And they come into play when the acts were reckless, grossly negligent or intentional. Most of all, the death of another person took place. This is a way to punish the negligent party and to avoid similar actions in the future. This is a monetary amount that the jury awards, but when it is excessive the judge presiding over the lawsuit can reduce the amount that is awarded. So this part of the claim will consider the victim’s age.

Understanding Compensatory Damages

Next, the jury might look at an adult decedent’s earning capacity, medical costs, funeral costs, and other expenses. These compensatory damages are monies awarded by the jury or a judge to repay the victim’s family for special costs. So funeral, burial costs, any medical care, and other expenses are tallied. Also included are other costs incurred as a direct result of the wrongful death. These projectable expenses would include lost income the dead victim would have earned. And this could span decades, depending on the age of the victim at the time of their death. Compensation may be awarded for housekeeping, child care, grief and loss of companionship. And compensation can include other components of a wrongful death claim.

The Use of Experts

Experts are often used in a wrongful death lawsuit. And they can help prove the effect of the loss of the victim and the victim’s worth to the family. This can include experts for the victim that did not work outside of the home and can be especially important for the jury. But not all jurors will have a clear understanding of what the expenses can include. For example, a loss of being able to do your housekeeping and child care. Also, expert testimony can assist the jury in determining the dollar amount of damages awardable. So that way the survivors of the wrongful death victim garner their fair share for the loss.

Wrapping Up the Fundamentals of Wrongful Death Law and Getting a Personal Injury Lawyer

This personal injury lawyer in Bronx NY says understanding wrongful death law is only the first step. The fundamentals of wrongful death lawsuits basically get your foot into the courthouse door and clearly set up a road map for success for the tort victim. You [the victim] still need a veteran attorney. And that person needs vast legal experience as a wrongful death attorney.

There are many methods of doing this. You can go online and do a search. For example, if you live in Los Angeles, you could do a search for Los Angeles wrongful death attorneys. If you live in San Francisco, you will do the same search. But you’ll use “San Francisco” as your keywords.

Your doctor may try to set you up with a lawyer at the hospital. says Boston Law Network. Be very careful, as there is probably something in it for the doctor beyond just a handshake from the lawyer. Good lawyers try to reduce hospital and doctor bills. If there aren’t an arms’-length relationship, the ethics of such a deal can be called into question.

You can call a non-practicing TV or “picture on bench or bus” lawyer who could refer you to another inexperienced lawyer for a fee. Or a friend could tell you about a lawyer. But the problem is that you only get one person’s view. Instead, look at the user reviews online of different accident attorneys. Also, vet your lawyer. And make sure he or she can wrap up your case to MAX your verdict or settlement.

How To Know What Your Rights Are When A Plane Crashes

As noted in the above video, if someone you loved has died or got severely injured in a plane crash, you must be looking for some way to find justice. There are rarely any survivors in plane crashes, and almost every plane crash ends up with everyone on the plane dead. There can be hundreds and thousands of reasons for a plane crash, and you, as a person sitting at home or working at the office, might never know the real reason behind a downing. And this scenario makes these cases extremely difficult. However, there are still workers compensation lawyer new haven ct out there who can help you with these situations.

Is DUI a Dui a Tragic Cause of Passenger Car Crashes?

Yes. One of the most tragic causes of accidents on the road today is drunk or influenced driving. Despite all of the warnings and research, drunk people still get behind the wheel. Car drivers are under the influence every single day so if you find yourself involved in a car accident, you must consult drink driving solicitors immediately.

According to many criminal record expungement law services, these accidents represent a large portion of the crashes across the country every year. Also, they represent both civil and criminal offenses. Unfortunately, this remains a reality. But it’s a sober reality that hopefully most drivers never have to face.

Violating the Law

If someone is drinking and driving, they’re violating California law. The California Vehicle Code Sec 23152 states: (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

The law is also clear about what driving under the influence is and isn’t. According to this owi lawyer even a bicycle is a vehicle that can get included as a crime. California Vehicle Code Sec 670 states: A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device. So it gets moved exclusively by human power or used exclusively upon stationary rails or tracks. There are many vehicles capable of creating a DUI case. And it’s just another smart reason to drive sober.

Sobering Statistics

According to the National Highway Traffic Safety Administration, in 2012 over 10,000 drivers were killed due to drunk driving across the country. The rate of death in the state of California is about 0.28- lower than the national average but still high in overall traffic fatality rates. Unfortunately, it is sometimes a dangerous road out there for drivers.

In higher traffic areas, such as the Greater Los Angeles Area, there is a higher than average rate of DUI accidents. Unfortunately, this could include multiple cars and possibly pile-ups. DWIs cost far too many lives, especially for vulnerable car and motorcycle motorists. Due to high rates of speed and poor control, often there are severe issues commonly caused by such accidents.

Acting After an Accident

After such an accident, it is important to act quickly. Seek immediate medical care and make sure to document as much as you can at the crash site. Also, the drunk driver should be held accountable. The driver may be facing criminal charges for a DUI or DWI.

But there should be a civil punishment for their actions as well. And if proven, the DUI driver shall be held responsible. Your actions could prevent another accident down the line. And that could very well save another family heartbreak.

Making sure that you have an experienced legal advocate by your side is one of your first steps. A legal expert, such as one from the Ehline Law Firm, will be specialized in car accidents.

DMV Penalties

The driver under the influence can be faced with civil penalties if the victim decides to proceed, criminal charges from a prosecutor for their actions, or the revocation of their license by the DMV.

Watch below to see an example of a DMV administrative hearing:

DUI drivers have ten business days to request an administrative hearing with the DMV, they can also call to get bail bonds in Hartford County. Also, if they refuse, they face a permanent suspension of their driver’s license. And this is through automatic suspension. Unfortunately, for a DMV hearing, normal court rules of evidence do not apply.

So the accused is not allowed to plead the 5th Amendment. Hence, the accused could be coerced by a prosecutor to imply guilt accidentally. The hearing officer needs to verify that the arresting agency had a reasonable belief that the rider was intoxicated or under the influence. And there must be evidence the accused committed the offense. Last, it must be shown the arrest was lawful.

The last thing the hearing will determine is if the driver had a blood-alcohol level of 0.08% or higher, as seen in CVC Section 23152. The unrepresented accused will often lose the hearing. So they may have to pay significant penalties, both financial and otherwise.

Criminal Prosecution

Many accused drunk drivers are arraigned and accused of their alleged crime in open court. And they also face a potential bias by possible jurors, as well as other drivers. And this is not to mention the police. If you are ever prosecuted, you should always take the bail option if it is available, check the local bail bond providers who can help you.

Many accused of such a crime feel as though they have nowhere to turn. And they can face up to a three-year probation, AA meetings, fines, MADD classes, trash pick up, or other penalties for a first offense. And this is when it caused no injuries.

If the accident caused injury or death, the accused could face severe penalties. Drinking and driving is such a severe issue on the road that you should not expect any sympathy.

Civil Claims

Even after facing the DMV and the criminal court, the accused may also face a claim in civil court. Also, those injured by the drunk driver could testify in court for liability questions. And the accused could be sued for not having insurance or not having enough coverage. The victim is likely to ask for their pain and suffering, medical bills, and therapy to be covered by the other driver.

Avoiding Drunk Driving Accidents

By no means a foolproof process, there are some manners to avoid such an accident in the future. According to the massachusetts traffic accidents report, Keeping an eye out for drivers making wide turns, going into both lanes, sudden braking, driving very fast or slow, driving the wrong way, or other actions can be considered telltale signs of drunk driving.

But remember not to drink at all. If you do, make sure to have a designated driver or call a taxi, limo, or bus.

Contact a Legal Professional

Skilled attorneys have seen it all and are ready to help. If you have been injured in a severe DUI alcohol car accident or were accused of such a crime, Ehline Law can help.

We're here for you, and we look forward to seeing you at the next Podcast!

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