How to prove the accident wasn’t your fault

Anyone who gets on the back of a bike knows they can be dangerous. While we all accept that risk, that doesn’t mean we have to accept the blame for every accident that happens. Motorcycle accidents are particularly harmful, but it’s important to remember it’s usually NOT THE BIKER’S FAULT.

Those who ride probably know that already, but what they probably don’t know is that many cops will just assume they are at fault and they will have to prove otherwise. To do that, they don’t just have to ride smart. They have to think and act smart as well by following these tips, that, full disclosure, I found here.

Tip 1: Don’t be reckless

Every biker loves the thrill of the ride, but you have to be willing to drive safely. If you’ve been observed constantly swerving between lanes, it’s unlikely you’ll be believed that the accident wasn’t your fault. The more proof you can give that you have been a safe driver, the better. Which is why you need…

Tip 2: Keep your record clean

If you’ve got a record of accidents, speeding, or worse infractions, you’re almost certainly going to have trouble defending yourself, no matter how obvious it is someone else is at fault. With a clean record, however, you’ve got proof you handle your vehicle safely and carefully. That means you’ve got a case already built that you’re likely not the one causes the accident. Especially if you’ve…

Tip 3: Complete a safety course

Once again, this is more evidence in your corner that you are not at fault because you are a safe and careful driver. Taking the time out of your busy life to complete a safety course is an excellent way to prove not just that you are safe but that you care about safety. Yes, it’s true that this is rarely expected of car drivers, but that doesn’t matter here. You’re assumed guilty from the start, so you have to go that extra mile.

A safety course also proves you care about your driving more than having a clean record. With a clean record, you might have just gotten lucky, with a course, you made an effort. All that is pretty compelling, especially if…

Tip 4: The other driver was being reckless

Here, as with tip one, you have not just to act well but be observant. After the accident, try to work back through the events before the police arrive. Figure out what the other driver did to cause the accident and get the story clear in your mind. If you were driving well, have a clean record, and have a safety course on record, the police are likely to take your story as true, and if not, you’ve got a strong case to argue against their assessment.

There you have it. Just four tips, but they could make all the difference whether you lose your license or not after an accident. Keep them in mind as you ride, especially tip 1. The safer you drive, the less likely you’ll have to worry about the rest later.

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Fire Hazards in Residences

Your home is your shelter and security, so it doesn’t make sense if it is in danger of igniting. You, as a property owner, has the responsibility of ensuring the safety of your home against fires. In fact, you are legally bound to this responsibility. According to the website of Russo, Russo & Slania, P.C., fires are under premises liability.

Premises liability states that a property owner is liable for the accidents and injuries that have occurred in its premises, especially if there is negligence involved. This can translate to huge financial burdens, including property repair costs, medication costs, and compensatory costs for those you have unnecessarily inconvenienced.

The first step to avoid fires in your residence is to know the hazards that can actually cause residential fires. They are enumerated below.

Direct Fire Sources

The most obvious fire hazard is, well, fire itself. There are many fire sources inside the house, and if you are negligent enough, they may spell disaster. The most common ones are candles, lighters, and matches. Make sure that you do not leave these materials unsupervised, especially when they are near children or flammable objects.

Electronics

Items that rely on electricity, such as appliances like television sets, equipment like computers and printers, and other devices like mobile phones, have always been known to cause fire accidents in residential areas. This is particularly true for those that are defective. But those that are not defective can also cause fires, especially those that directly involve fire and heat, like stoves.

These items should be regularly maintained to avoid fires. Those that involve fire and heat should also not be left on unsupervised.

Flammable Objects

On their own, flammable objects are not fire hazards, but they can become the catalyst for large residential fires if they are near fire or heat. Again, as a property owner, you should be responsible to avoid this, by making sure that fire and heat sources are not near flammable objects, especially unattended ones, like curtains near candles, mittens near stoves, carpets near extension cords, and blankets near outlets.

Wiring Systems

It cannot be stressed enough that electricity is a major factor in many fire accidents in residences. This includes wiring systems, outlets, and extension cords. The easiest to handle are the cords, because you just have to make sure that they are intact, and the outlets, because you just have to avoid overloading and overusing them. The wiring systems of your house are entirely different beasts, so you should call a professional to regularly check them for defects.

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Why Am I Always Tired?

Being too tired all the time can be a hassle. It can affect your level of productivity at school or work and interest in physical and social activities, and may even lead to emotional and psychological problems such as depression. But why are you always tired? The reason may be as simple as not getting enough rest, or it may be as complicated as having a medical condition. Below are just some of the conditions you may have if you feel tired constantly.

Anemia

Anemia is characterized by a lack of red blood cells, which are the distributors of oxygen around the body. It may result from poor nutrition, vitamin deficiency, or excessive loss of blood during menstruation. This can have various effects on you, such as nausea and exhaustion for no apparent reason.

Chronic Fatigue

Chronic fatigue occurs when a person experiences extreme fatigue or tiredness despite having adequate rest and having no other medical condition that can cause the exhaustion. The website of GastroCare LI has listed several symptoms of the condition:

  • Difficulty concentrating and focusing
  • Enlarged lymph nodes
  • Feeling anxious for no good reason
  • Frequent headaches or joint pain
  • Sore throat
  • Depression

Depression may not just result from being constantly tired and generally disinterested about everything, because it may be the very thing that causes your tiredness and disinterest in the first place. Mental problems such as depression may greatly alter habits, particularly those that involve eating, sleeping, and willingness to participate in activities. These aspects will have a ripple effect in the life of the depressed individual, including in terms of energy.

Diabetes

Simply put, diabetes involves a glucose problem, and glucose is the primary fuel of the body. Because those with diabetes cannot effectively use glucose, their body may not function on its full potential, resulting into tiredness and weakness.

Sleep Apnea

The condition known as sleep apnea occurs when a person experiences breathing problems in his or her sleep. This may result into waking up constantly just to gasp for air and generally have an unsatisfying sleep. Of course, if the person didn’t get adequate sleep, his or her body has not been properly rejuvenated, resulting into constant feelings of tiredness, especially if the sleeping disorder is not being treated.

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Holding Medical Professionals Accountable for Errors Resulting to Birth Injuries

Because of modern medicine, doctors and mothers now have options that will make giving birth faster and less painful. In every procedure, however, are trade offs which present dangers, about which, it has been discovered, many mothers are never told about.

These dangers often result to birth injuries which, according to the U.S. Department of Health & Human Services’ Agency for Healthcare Research and Quality (AHRQ), number to 28,000 annually; those that result to children’s death, however, reach almost 9,000. The sad reality is, these dangers are nothing more than consequences of negligence, which means these can be prevented.

Some very common examples of acts of negligence are hospital practices that lead to medical errors, a doctor’s too much dependence on modern medical devices, a doctor failing to dedicate the time to prepare for proper birth and a doctor dangerously performing a rush delivery.

Based on a 2006 study that was reported to the National Vital Statistics Reports for the Center for Disease Control, the most frequent birth injuries resulting from negligence include:

  • Cerebral Palsy. Damage to the brain before or at birth which causes impaired muscle coordination. There is no known cure for this type of birth injury.
  • Brachial Plexus Injury (BPI). Refers to damage to the bundle of nerves that run from the upper spine to the hand. This injury can cause temporary or permanent disability.
  • Cephalohematoma. This happens when the blood between the skull and the skin’s inner layers pools unnecessarily.
  • Caput Succedaneum. Due to too much pressure during delivery, swelling of the scalp is its usual result. This injury, though, is not life-threatening and usually heals on its own.
  • Bone Fracture. A result of a difficult or complicated delivery which affects the collar bone or clavicle the most. This injury usually heals on its own.

Thousands of birth injury lawsuits have been filed in the past, all citing negligence as the cause of errors. According to the law firm Russo, Russo & Slania, P.C., “While any injury to a child can have serious consequences, birth injuries are among the most worrisome. Because of how early in life a birth injury happens, it can permanently affect a child’s development and impede the child’s ability to enjoy a healthy, happy life. Furthermore, the costs that birth injuries often cause families to face, including those for medical treatment and physical therapy, can be astronomical.

Birth injuries can occur for many reasons, but in far too many situations, the negligence or carelessness of medical practitioners was at fault. Medical professionals whose negligence causes innocent children harm should be held accountable for their actions or lack thereof. Fortunately, many families whose children suffer birth injuries are able to hold these professionals accountable and get the compensation they need.”

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Types of Child Custody

When a married couple decides to end their marriage, one of the most affected will be their children. After living with both their parents, the impact of seeing them living separately can be too hard for the child. Who gets custody of the kids is one of the most important issues that is addressed in divorce proceedings. The website of Marshall & Taylor PLLC reveals that deciding on child custody involves determining the best interest of the child.

There are different kinds of child custody available for the court to choose from. This type of cases is all about looking after the care and welfare of a child. The parent who gets custody is called the “custodial parent” with whom the child will spend most of his time after the divorce. Initially, it is the parents who will decide who will get custody of the child. If they cannot agree among themselves, this is the only time that the court will intervene.

Physical Custody

Physical custody may either be shared by both parents in a joint physical custody or awarded to only one parent in a sole physical custody agreement. In joint physical custody, the place of residence is shared between the parents in a way that will allow the child to have equal time and contact with their parents. In sole physical custody, the children permanently stay with the custodial parent while the non-custodial parent gets visitation rights.

Legal Custody

In legal custody, one or both parents make major decisions regarding the care or welfare of their child. When one parent decides, it is called sole legal custody. When the court awards joint legal custody, both parents have equal rights with the decision making.

Non-Parent/Third Party Custody

There are instances when custody of the child is awarded to a relative or close friend of the family. In non-parent or third party custody, the person seeking child custody files a petition with the court and pays the filing fees. They also need to have a letter of consent from the parents. The petitioner will then be subjected to a background check and may sometimes be interviewed or have their home inspected.

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Understanding dog behavior

One way of possibly avoiding dog attacks is to understand how a dog is behaving in the presence of other people. Dog-related injuries, unfortunately, affects approximately 4.5 million people in the U.S. every year, the U.S. CDC said. Dog bites are serious, some people suffer disfigurement while others mostly children, die of injuries or infections after such attacks.

Dogs are known for using different body languages to express their behavior. Individuals who have a good understanding of a dog’s behavior may immediately anticipate and act fast. When a barking dog had its tail tucked under and its ears are pointing backward, it might show that the dog is frightened. People should know that frightened dogs may tend to attack to defend themselves. A dog can be considered playful when its tail is wagging and when its head is on the floor with its front paws are lowered pointing outwards. While dogs to be playful, there are times that they become uncontrollable and accidentally cause injury to other persons. Even considered harmless, dogs should not be provoked as they may fight back. When a dog is walking relaxed with its head and tail lowered, it might show that the dog is submissive in nature. Individuals especially children should not be frightened seeing a dog with such behavior as they might just ignore them. A dog that is staring straight to a person’s eye and showing its teeth is showing that it is planning to attack.

The CDC suggest people curl down and protect their head when attacked by a dog. Immediately seek treatment after cleaning bite wounds with soap and water. Notify local agencies regarding the incident mostly if the victim is unsure if the dog had its vaccines. Dog bite victims should note that they may get treatment funds from pet owners who caused their injuries, according to the website of the Abel Law Firm.

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Lawsuits against Volkswagen Continue to be Filed

The emissions test scandal of Volkswagen which exploded in the second half of 2015 left the German automotive giant suffering from significant loss in shares, and despite the latest stock recovery experienced by the company a great number of consumers are considering filing a lawsuit. Today, there are still more people filing lawsuits against Volkswagen, and if you own a diesel-powered Volkswagen vehicle you might be considering of filing one yourself.

The claims against Volkswagen involve installation of prohibited devices to deceive emissions testing. This meant consumers who purchased an illegally hacked vehicle unit that has a rapidly decreasing resale quality and is damaging to the environment. Because of a well-publicized negative effect to the environment, Volkswagens’ disclosure of their developed system on their 2-engine vehicles has lead to little buyers of the affected units, and consumers have little left to do but deal with their vehicle units’ pollution control on their own. This has become the main reason why people have been looking to learn more about Volkswagen lawsuits in order to help them know what their options and possible actions will be.

Despite the admittance of their deceit, Volkswagen has yet to provide consumers a proper and permanent fix to the affected vehicles’ problems. The United States EPA (Environmental Protection Agency) has given the can manufacturer a year to mend the vehicles, and the government is also considering filing a criminal case against Volkswagen aside from the already mounting number of civil lawsuits. Due to the scandal, many Volkswagen owners were quick to sell their vehicles, leading to a possible sharp decline of vehicles that usually had high resale value compared to gasoline-powered competitors. The problem may only be aggravated if the solution that Volkswagen offers will help reduce mileage and performance.

Those who have been affected with the Volkswagen emission scandal can either file a Volkswagen lawsuit on their own or join a class action lawsuit, depending on the damages that they suffered. It may be best to first consult with a lawyer to ensure that you will be guided accordingly.

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What is the Bard G2 IVC Filter?

For individuals looking to prevent pulmonary embolism, the Bard G2 IVC Filter was thought of as a viable option. According to the Habush Habush Rottier website, the Bard IVC Filter is a cage-like device that is implanted into an individual’s inferior vena cava or the vein between the heart and the lungs. The device works by removing blood clots before they can enter the lungs and cause pulmonary embolism. This is especially helpful for individuals who need to have blood clots removed but are unable to take blood-thinning medication as a result of another medical condition.

However, many serious medical problems have been linked to this device, including the device migrating to other areas of the body or becoming fractured inside the body. The company behind the device, C.R. Bard is no stranger to questionable products coming from its factories. In fact, the Bard G2 IVC Filter was a replacement for the Recovery IVC Filter which caused similar health concerns among patients. While Bard claimed the new G2 IVC Filter was a safer option, its questionable practices with the FDA raised concerns. The new device was not properly tested due to a doctrine that allows companies to forego testing if the device is similar enough to another product on the market. Regardless of the doubts with the product and the questionable practices of the company, the new filter hit the market and, unfortunately, caused a number of devastating side effects.

Dangerous side effects of the Bard G2 IVC Filter continue to arise with a 12% rate of filter fracture associated with the device, with only a little over half being able to be successfully removed. If you have been the victim of a Bard G2 IVC Filter, it may be necessary to take action against the party responsible for your suffering.

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Chapter 7 Bankruptcy Process

Chapter 7 bankruptcy is also known as liquidation or straight bankruptcy because bankruptcy trustees may liquidate some property in order to pay creditors. Through Chapter 7 bankruptcy, some or all of debt is discharged within a four to six month time span. The process is simpler than Chapter 13 bankruptcy which requires a repayment plan after meeting with a credit counselor approved by the United States Trustee’s office. Chapter 7 still requires meeting with a credit agency but the repayment process is left in the hands of the courts.

A bankruptcy trustee will be court-appointed to handle your debt. Their primary purpose is seeing that the creditors are paid the maximum possible amount. Bankruptcy trustees generally are paid more when they are able to supply creditors with more money. The most common method for trustees to repay creditors is through liquidation of the debtor’s assets that are not exempt.

Debts that will survive bankruptcy include child support and alimony payments and student loans. Student loans may be discharged by the court under strict guidelines however the occurrence is rare. Creditors may also object to a debt being discharged if the debt was incurred illegally, for example by fraud or malicious intent.

According to the website of attorneys Gagnon, Peacock & Vereeke, P.C., the filing process for bankruptcy is highly complex and may be confusing to the majority of individuals seeking to file. Bankruptcy is a complicated legal and financial matter that requires extensive knowledge about the options of bankruptcy. If you or someone you know is considering bankruptcy, contact a bankruptcy lawyer in your area to discuss your specific circumstance. They may be able to help find the best course of action to save you money and hardship.

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Mineral Rights: The Difference Between Selling and Leasing

There is so much of the world that remains undiscovered and there are many secrets within the land that have yet to be unearthed. Thanks to the property laws of the United States, a rarity as these rights are not a common occurrence anywhere else in the world, there is a governing power that protects the legitimate owner of the land, thereby enabling him or her to do with the property as they will. This is inclusive of mineral rights.

Your mineral rights fall within a subset of real estate that is arduous and difficult to explain in a facile manner. But there are ways to utilize and monetize these rights in order to make a profit. As an owner of private property that has potential mineral reserves, you have the right to excavate or mine or do as you please with this property. There are buyers and corporations, however, who deal with this complicated industry and might wish to be involved with a patch of property that you own. Often, they make moves to buy your mineral rights for much, much less than what they are actually worth.

With regard to this, you have the options of selling or leasing your mineral rights. Leasing entails a lot of paperwork involving bonus payments and royalty percentages and lease fees.

If you, however, do not wish to dwell in that industry, the option of selling your mineral rights is on the table. One thing you ought to know about how to sell mineral rights is that one of the benefits of a one-time selling deal is that you wash your hands clean of the whole thing after a direct payment is made. You need not worry about the documentations or logistics that the minerals industry is about as the rights are transferred from one party to another. It is determining the proper value of the property in question that can be difficult to pinpoint as some owners can be scammed out of a better deal for their mineral rights if they are not careful with whom they sell to.

That is why it is the most advisable course of action to contact a specialist of the mineral rights industry to determine what your next step should be.

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