Distracted Driving and Motorcycle Accidents

There are many reasons people choose to own and ride motorcycles; they are cheaper than cars, they use less gasoline, and there is a sense of camaraderie among bikers. The ability to feel connected to the road and nature while you drive is also a big draw. However, all of this comes with a cost. The reduced safety features available to cyclists result in catastrophic accidents. Motorcycles are also fast and small, and distracted drivers may not notice them. Indeed, this phenomenon of cyclists being hit by drivers who did not notice them has been on the rise.

According to an article in the Milwaukee Sentinel Journal, the Wisconsin Department of Transportation estimates that 40% of motorcycle accidents occur because of a distracted driver. Just this year, there have 52 motorcycle driver deaths, as well as five passenger deaths. Drivers may change lanes too quickly or blow through an intersection without checking for motorcycles. Tony Sanfelipo, an attorney quoted in the article, says that one reason this happens is that drivers are talking on cell phones and holding them up to their ears, which partially blocks the left side of their vision. Because of this, drivers may be drifting over into another lane without realizing it. Although investigators can track cell phone records to determine if the driver was on their phone at the time of the incident, it is still not always clear who is at fault. Tim Tomann—the director for an organization that focuses on the rights of bikers—says that motorcyclists should keep the following safety tips in mind: wear bright colored clothing, have loud pipes that can get the attention of distracted drivers, stay out of blind spots, wear a helmet, and avoid any unnecessary aggression towards other drivers. A large number of motorcycle fatalities happen to those who do not have the proper kind of driver’s license which means they are not well versed on the latest safety precautions, and they really should not be riding a motorcycle at all.

Distracted driving is becoming a bigger and bigger problem as electronics and cell phones continue to be an extension of the arms of many people. Passing hands-free legislation, like they have done in Austin, may be a viable way to cut down on the deaths of motorcyclists. According to a personal injury lawyer in the Milwaukee area, Habush Habush & Rottier S.C., a lawsuit can be filed against these distracted drivers to hold them accountable for damages.

The joys of owning, maintaining, and riding a motorcycle are definitely offset by how easy it is to get in an accident, and how horrible these accidents can be. If you are looking into owning a bike, it is necessary to read up on how to best protect yourself in every situation and to always wear proper safety equipment. While the government takes its time with legislation to curb distracted driving, bikers must take their lives into their own hands.

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Different Chapters of the U.S. Bankruptcy Code

A six-month delinquency in paying credit card bills, mortgage, student loan or other loans would force creditors or a bank to consider an account as bad debt, a cause to have it referred to a collection agency, the job of which is to make the individual or business firm pay (often through harassing tactics).

Financial difficulties, however, which eventually leads to overwhelming debts, can be dealt with through the filing of Bankruptcy, a legal declaration of an individual’s or a firm’s incapacity to pay debts. This legal remedy was specifically designed to save debtors from crushing debts – to give them a brand new financial start.

As explained by the Bradford Law Offices, PLLC, there are different chapters under the U.S. Bankruptcy Code, each designed to address the specific financial situation of individuals, families or firms.

  • Chapter 7, also known as liquidation bankruptcy, enables a person or a firm to pay his/her debts through the liquidation of some of his/her assets. With regard to business firms, these will need to cease operations, as a court-appointed trustee sells or liquidates all assets owned by them. Residual proceeds, after having paid all creditors, will be returned to business owners.
  • Chapter 9, which allows municipalities – cities, towns, villages, taxing districts, municipal utilities, and school districts to reorganize.
  • Chapter 11, or business reorganization, the business owner usually acts as trustee (if the court does not appoint one); he/she also becomes a debtor-in-possession since the law allows continuous operation of his/her business.
  • Chapter 12, which is designed for farmers and fishermen with a regular annual income and who own the whole or more than half of the farming/ fishing business; and,
  • Chapter 13, which allows a debtor to make a three-year or five-year proposal through which to pay his/her debts.
  • Chapter 15, a bankruptcy filings that involves parties from more than one country.

The United States Courts says that filing bankruptcy can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.

 

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You can Suffer from Burns due to Faulty Products, Workplace Injuries, and many Other Circumstances Caused by the Negligence of Others

Burn is one kind of injury that can be excruciatingly painful. It can damage layers of the skin, tissues and nerves and, if severe enough, can cause scarring, infection, loss of mobility, disfigurement, or even loss of extremities. Burns that affect the layer underneath the skin or the dermis are the most painful kinds of burn injuries because these directly affect the raw nerve cells of the dermis. The most serious, though, are those that affect the nerves, muscles and bones; these kinds of burns actually no longer cause any feeling of pain because the nerves have already been damaged.

Burns have different classifications, each based on how serious the injury is. These classifications include:

  • Third degree burn – damages the entire dermis and the nerves (the reason why third degree burn victims no longer feel pain). Due to the severity of this type of burn, it is necessary that the victims be given immediate medical attention.
  • Second degree burn – affects the dermis or the layer underneath the skin and causes swelling and blisters. This is also the kind of burn injury that is most painful.

It is recommended that second degree burns be soaked in cool water, rubbed with antibiotic cream and covered with a dry, non-stick bandage. The blister that may form should never be punctured.

First degree burn – though this affects only the epidermis or the skin’s outer layer (thus, considered minor), this burn injury still causes painful. Swelling can occur during the healing period, which takes about six days. Antibiotic ointment or aloe vera cream may be applied on the burned area.

Though most burn classification systems list down only three, some medical institutions include a fourth one or a “fourth degree burn.” This degree of burn injury is the most serious as the damage extends to the muscle and bones, thus, often requiring removal or amputation of the area affected.

There are times when people get burned due to the carelessness or negligence of some individuals. Many have already suffered this type of accident, especially in working environments where flammable substances are handled or stored.

It is always important for burn injury victims to get in touch with a lawyer immediately in order to know and understand their legal rights and options for the possibility of seeking compensation that should cover all the damages they are facing and will still be made to face due to the injury.

As explained in the website of the firm Spiros Law, P.C., “Burns to your body can come from either a source of electricity, heat, or flame. When you are shocked with electricity, the charges can leave a severe burn at both the point of entry as well as exit. Extremely hot objects such as steam and certain tools can also cause burns. Lastly, fire itself can leave your skin and underlying tissue charred and damaged. You can suffer from burns due to faulty products, workplace injuries, and many other circumstances caused by the negligence of others. If this describes an accident that has happened to you, resulting to harmful burns to your body, then you owe it to yourself to contact an experienced burn injury attorney immediately to discuss the facts of your case.”

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Fighting Against Foreclosure of Your Property

Between 2007 and 2014 the homes of around 4.2 million homeowners in the U.S. were foreclosed. Foreclosure, as defined by the U.S. Department of Housing and Urban Development, is a legal process wherein a creditor or mortgage lender, usually a bank, puts up for sale a loan collateral, like a house, to enable it to recover unpaid mortgages from a borrower. The process that leads to foreclosure usually starts after two to three successive months of delinquency in mortgage payment.

Foreclosure is either judicial and non-judicial. In judicial foreclosure, a mortgagee or creditor is required to file a case in court to start a foreclosure proceeding on a debtor’s property. The many months it will take for this procedure to be completed, however, will somehow works in a debtor’s favor as this will give him/her the chance to raise a legal defense which can save his/her property. There are a number of foreclosure defenses that have been resorted to in the past which have helped homeowners to save their property.

  • Servicemember on active duty. If your creditor filed a case in court to start foreclosure on your property, you are allowed to write the court to request for a postponement of the foreclosure proceeding. Protection against mortgage foreclosure is just one of the many types of protection provided by the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), for members of the military entering active duty.
  • Unconscionable (unacceptable) mortgage term. This happens when a creditor takes advantage of, misguides or deceives a borrower by designing a mortgage loan contract that is actually intended to make mortgage payment impossible, giving it the opportunity to seize and foreclose upon your property.
  • State procedures were not observed by foreclosing party. In a foreclosure procedure there are steps that the foreclosing party needs to observe, such as serving the loaner a notice of default and giving the borrower 30 days to make a payment after the notice of default has been issued. Failure to observe any of the steps required in the foreclosure procedure gives the loaned the legal right to defending against such foreclosure.
  • Foreclosing party cannot prove ownership of mortgage. There are times when the foreclosing party is not able to present ownership of mortgage. This is a common case wherein a mortgage contract has been purchased by different companies, so that ownership of the contract has passed from one owner to another.
  • Mistakes committed by the Mortgage Servicer. There have been times when a case (that will start foreclosure proceedings) was filed in court by a lender, only to find out that the bases for the foreclosure were actually mistakes committed by the mortgage servicer. These mistakes include:
    • error of crediting mortgage payment under another loaner’s name;
    • imposing very high fees or collecting fees not approved by you or by the creditor; and,
    • declaring a mortgage amount that is much higher than what you really are supposed to pay.

As explained in the website of the Bradford Law Offices, PLLC, depending on the exact nature of your situation and your own personal preferences, a number of different options for fighting Chapter 7 bankruptcy are available. These include the following:

  • Mortgage modification
  • Negotiating with lenders
  • Truth in Lending Act violation claims
  • Pursuing bankruptcy protection
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Subsys Spray Use, Dosage, And Risk Information

Subsys spray contains fentanyl, a drug used for treating breakthrough pain in cancer patients. Fentanyl is a type of narcotics analgesics. The website of Williams Kherkher reveals that subsys spray is 100 times more potent than morphine in providing pain relief. Fentanyl works in the central nervous system when relieving pain. Considering its potency and being subject to abuse, the drug is only made available with a doctor’s prescription.

It is worth noting that subsys is not designed to replace other fentanyl containing treatments. It is only available from a registered pharmacy under a special program. To be able to take the medicine, you must be registered in the program and understand the risks and benefits of subsys spray. You should stop using the drug if you are already being treated with a similar opioid pain medicine and your body is tolerant to it. Consult your doctor if you are not sure that you are opioid tolerant.

Inform your doctor if you are taking antibiotics or medicines for treating high blood pressure, heart rhythm disorders, depression, or viral infections. Fentanyl can interact with some medicines and can have drastic effects on your breathing. Fentanyl can slow or stop your breathing. You should never use it in larger amounts or longer than what was prescribed. Misuse of narcotic pain medication results to addiction, overdose, or even death.

It is also the potent nature of fentanyl that prompted doctors to only prescribe the drug to eligible patients and that appropriate dosage is administered. Recently, fentanyl users have filed lawsuits against doctors who improperly prescribe subsys to patients. Recent cases have also been directed towards Insys Therapeutics, the manufacturer of Subsys after it allegedly marketed the drug to the wrong patients. Such actions by the manufacturer as well as some doctors have resulted to injuries and death of the patient.

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