Dealing with a Wrongful Death

Losing a loved one is one of the most tragic events that we can ever experience. When your loved one’s death is accidental, the question of negligence or misconduct arises. Wrongful Death occurs when a person is killed due to the negligence or misconduct or another.

One of the most common causes of wrongful death is drunk driving. The danger begins when a driver consumes any amount of alcohol, as we frequently fail to accurately estimate how impaired our driving ability is. Everyone knows the legal BAC (Blood Alcohol Concentration) is .08, but few people understand exactly what this number means. According to Mothers Against Drunk Driving, how many drinks it takes to get to .08 depends on your gender, weight, age, and how much you have eaten. A 250 pound man’s .08 may be three drinks, while a 100 pound woman’s may be just one.

Regardless of the cause of your loved one’s wrongful death, it can often be overwhelming to think about legal action in the aftermath of a horrible event. According to the Fort Worth accident lawyers of the Benton Law Firm, there is little time to grieve before the many matters than need to be attended to start to arise.

Some key information about wrongful death suits may be helpful when navigating these muddy legal waters. Most wrongful death lawsuits follow criminal trails, using similar evidence but with a lower burden of proof. This means that even if a criminal trial did not find anyone legally responsible for the death of your loved one, a wrongful death trail may find someone liable. For example, O.J. Simpson was found not guilty in of murder in 1994, but was found liable for the wrongful death of the two victims in a civil trial.

Not All Dogs are Friendly as Many Assume

Dog owners believe that their dog is the greatest and the friendliest dog anyone can have. It is a grave mistake to assume, however, that all other dogs are equally friendly simply because their dog is.

Dog owners are legally responsible for the care and health of their pets. This includes making sure that their dog gets their needed daily exercise, besides giving these the right food on timely intervals. Dog exercise, dog experts say, should be part of a dog’s daily activities. Being energetic animals, a dog’s unspent energy can be directed to destructive behavior, like chewing, constant scratching on the wall, door or floor, knocking furniture over, whining, digging, jumping up on people, play biting and/or rough play. Though a sad fact, but many owners are late to realize that unused energy can make their pets injurious, even to them, to their children and older loved ones.

The U.S. Centers for Disease Control and Prevention (CDC) says that the yearly count of dog bites requiring medical attention reach up to 885,000 each year; however, only about 368,000 victims get rushed to hospital emergency departments. In 2012 specifically, more than 27,000 dog-bitten people required and underwent reconstructive surgery, while in 2013, there were 32 dog attacks, all of which resulted in death: 18 of those who died were children, the other 14 were adults. In 2014, the number of fatal dog attacks jumped to 42: 19 of the victims were children, 1 was a teen, while the remaining 22 were adults.

Dogs, without doubt, are fun and loving animals, but these too can turn against anyone if threatened or if their energy is kept unspent. To keep people from being bitten or attacked by dogs, especially in public places, such as parks and woods trails, U.S. states have enacted their specific laws which will keep dogs restrained and kept from injuring anyone.

The states of Michigan and Pennsylvania, for example, have the leash law, which mandates that dogs should be on a leash, especially in places like schools, parks, beaches, and protected natural areas. Other states simply outlaw loose dogs or dogs at large. The states of Denver, Colorado have even gone to the point of banning a specific breed of dog, the pit bull, due to the cases of attacks reported of this breed. Other cities have adopted laws similar to that or Colorado’s, mandating strict regulation on the ownership of pit bulls.

According to Dallas personal injury attorneys at The Benton Law Firm, in Texas, specifically, dog owners may be held criminally liable if their dog injures or kills someone. But while the Texas criminal laws regarding dog bites are now quite extensive to hold the owner of the dog negligent, the laws do not provide for compensation to the victim or the victim’s family. Bringing a claim in civil court, with help from a seasoned personal injury lawyer, though, may enable the victim or his/her family can lead to compensation for the victim’s medical expenses, lost wages, or pain and suffering. Additionally, Dallas follows a leash law, meaning that a dog must be harnessed on a leash at all times when outside the house.

Bone Fracture

Broken bone, also called bone fracture, is one of the most common consequences of motor vehicle accidents (after laceration and whiplash). The ones most prone to sustaining this type of injury are motorcycle riders who lack body protection, except the helmet (this helmet, however, should comply with government standards to make sure it provides enough cushion to the head).

Broken bone, which refers to a break or a crack in a bone, is sustained when a force that is much stronger than the bone can hold up to is exerted against it. Though bone fractures usually occur on the hips, arms or legs, there are instances when the damage can be to the skull or ribs, making the fracture a life-threatening injury. Thus, while bone fracture to the arm or leg may only require a plaster cast or the surgical insertion of plates or metal rods, which will hold the bone pieces together, complicated fractures, like fracture to the hips, usually require surgery and/or surgical traction; in the case of a broken hip joint, doctors also recommend hip replacement surgery.

Aside from motor vehicle accidents, some other causes of broken bones are falls and sporting accidents. Increasing the risk of sustaining a bone fracture injury are illnesses, such as Osteoporosis and some types of cancer, which cause the bones to fracture more easily. Osteoporosis is actually a bone disease; it is the result when the body either loses too much or makes too little bone. Due to either condition, the bones become weak, brittle and very fragile, making trip and fall accidents very dangerous; in certain cases, coughing or sneezing hard, or even a minor bump can result to bone injury.

Besides pointing out the fact that suffering a broken bone can be very painful, expensive, and can even cause a long-term disability, the law firm Ritter & Associates also emphasizes that a person should not suffer financially, especially if he/she sustained the injury due to the negligent actions of another party. With assistance from a seasoned personal injury lawyer, the injured innocent victim may be able to pursue a civil lawsuit for the purpose of obtaining financial compensation for medical bills, lost wages, or other damages as appropriate to the specific details of his/her case.

Types of Pre-Employment Tests

Employers want to get the best candidate for the various job openings they are offering. Aside from conducting interviews, businesses conduct pre-employment tests in order to determine the fit applicant for a certain job requirement. The employer will be setting aside a certain amount as salary for the position so they want to make sure that they will be getting the most suitable candidate. According to the website of WorkSTEPS, pre-employment tests will help employers get maximum capacity from their new hires.

There are different kinds of pre-employment tests that an employer can administer on applicants. This way, they can short list candidates from whom they will choose the one they will hire. In this article, we will look at the different kinds of pre-employment tests.

Job Knowledge

Employers would want to screen the general knowledge of the candidate about the industry as well as position. The test may be conducted orally or written and are usually objective measures of job knowledge.

Cognitive Test

Cognitive tests aims to measure a candidate’s reasoning, memory, perceptual speed and accuracy, as well as their mathematical and reading comprehension skills.

Personality Tests

These tests help the hiring personnel match the personality attributes of the candidate to the right position. For example, if they are introvert or extrovert, the prospective employer will gain an insight on which position the candidate will fit best.

Physical Test

For jobs that require some level of physical fitness, these types of tests may be administered by an employer to determine whether the candidate is eligible for the said position. Some attributes measured in physical tests may include flexibility, strength, cardiovascular strength, or all of them.

Background Check

For certain positions, employers would want to test the honesty and integrity of the candidate. For this reason, they may conduct a background check to see if the applicant has any criminal record or has bad credit.

Drug Testing

Companies would want to ensure the safety of current employees and so they may require a job applicant to undergo drug testing. They will be tested for a battery of illegal drugs. If tested positive, it may affect the application of the candidate as they may be rejected by the employer.


Watch Out for Trucks When on the Road

The risk of major damage to properties, severe injuries or even death in accidents involving semi-trucks or big rigs always runs higher compared to accidents wherein smaller vehicles are involved. This is due to the enormous size and weight of these vehicles, the same factors that make their mere presence on the road already a threat.

While all US states have their own share of road threats, no thanks to trucks, Texas is probably one state where threat of truck accidents has probably never been felt more than now. This is due to the rapid increase of big rigs on Texas roads and highways – an effect of the recent oil boom throughout the state.

In the hope of reducing the number of semi-truck accidents, which injure more than 100,000 and kill, at least, 4,000 others every year, the National Highway Traffic Safety Administration (NHTSA), the Federal Motor Carrier Safety Regulations and the Federal Motor Carrier Safety Administration (FMCSA) work together in creating and enforcing laws which will see to the strict care in the maintenance and operation of trucks, and in the hiring only of qualified drivers. Some of these rules include:

  • Requiring drivers to undergo a drug test before they are hired and most especially after an accident.
    Operators should also regularly conduct a drug test on all drivers
  • Training drivers to ensure their proper and safe handling of trucks
  • Making sure that drivers have no record of violations of road safety laws, must be of proper age (at least 21 years old) and can speak and understand the English language
  • Making sure that drivers observe traffic rules all the time, load all cargo properly and safely, inspect their trucks regularly, and never drive when sick or fatigued
  • Requiring drivers to keep a log where information, like the start and end of their duty, the name of their co-driver and the total number of miles driven, are indicated

According to the Federal Motor Carrier Safety Administration (FMCSA), the most common causes of truck accidents are driver fatigue, drunk-driving, speeding, reckless and aggressive driving, driving too fast for road condition, inexperience or lack of training of the driver, brake or defect/failure, and improper loading of cargo.

The website of The Benton Firm mentions in the firm’s website the many causes of, and contributing factors in, truck accidents. It also emphasizes the right of truck accident victims to pursue justice and seek compensation for their losses and sufferings through a civil lawsuit against the truck driver at fault in the accident, his or her employer, or anyone whose action or non-action may have contributed to the accident.

What Are the Most Common Causes of Car Accidents?

It is no secret that car accidents are dreadfully common in this day and age. While some of them may be as simple and harmless as a dented car door or a torn side mirror, some car accidents can be as devastating as the loss of innocent lives in just the blink of an eye.

As common as these accidents are and tend to be, one must wonder: what are the most common causes of these car accidents?

One of the most common causes of car accidents is that of driver error. Something as harmless as getting distracted by scenery for five seconds can mean an accidental pedestrian fatality – and it is often just that that can cause a car accident: getting distracted is often one of the primary causes of driver error. Be it by the scenery or a sudden text message or an adjustment of the car radio – if the primary focus is not on the road, that scenario could mean some serious trouble.

Another common cause of car accidents is that of drunk driving. Many fatalities occur due to drivers drinking under the influence of alcohol – and there are times when you need not even be the one to have had one too many at the bar to do this. A drunk driver on the road can be lethal to anyone else and a collision between a speeding vehicle and another (whether in motion or stationary) is not just a scene that happens exclusively in action movies – and the consequences pan out for far longer than just ninety minutes of screen time. An Austin automobile accident attorney would be aware that a lethargic driver is almost just as dangerous as one who has had one too many pints.

Chemical Exposure

When individuals are exposed to chemicals and toxins, they can face devastating injuries and medical problems. The effects can sometimes be treated but, in some cases, can lead to life-long problems. Even worse, sometimes the exposure is the result of another person’s negligence and could have been prevented if certain actions were taken. This can happen when proper safety procedures were not taken in an environment such as a factories in which chemicals are used in the manufacturing process. However, chemical exposure can even happen in offices from cleaning products and paint.

One of the most common places an individual can be exposed to chemicals is at a construction site. According to the website of Crowe & Mulvey, LLP, even though toxic substance exposure may be less common than other accidents, the resulting injuries are often far more severe. Since construction sites constantly use dangerous chemicals, many instances can lead to toxic exposure. For example, accidents such as chemical fires, explosions, and spills can lead to the toxic exposure. However, employer negligence can also put employees in danger. These negligent actions include failing to quarantine a toxic substance or provide protective gear for employees. An employer may also fail to find chemicals in demolished materials, releasing them into the air. While construction sites are inherently dangerous, actions such as these put employees at more risk than necessary and can lead to devastating and life-long injuries.

Chemical exposure can lead to some of the most severe injuries an individual can take, changing an individuals’ life forever. While accidents are often the cause, when employer negligence leads to toxic substances being released into the air, employees can take legal action to receive the compensation they deserve.