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Factors That May Influence Drunk Driving Charges

Drunk driving is against the law, because of safety reasons. But not all drunk driving charges are the same. Some are worse than others, and this will depend on a variety of factors, such as those enumerated below.

Blood Alcohol Content Percentage

There is a blood alcohol content limit. Exceeding this limit while you are on the wheel means that you are already drunk driving and you can be arrested for it. The legal limit for blood alcohol content is usually at 0.08%.

The farther you are from this legal limit, the worse your drunk driving charge will be. In fact, if you exceed 0.16%, your charge can even be elevated into a felony.

Child Passengers

If you are driving while under the influence of alcohol and have a person who is below 18 with you, your drunk driving charge may become worse compared to when you are driving alone or with an adult. This is even worse if your passenger is well on his or her development years, like someone who is below 12 or 13.

Injuries and Deaths

You are not just the only person on the road. So, if you do reckless behaviors such as drunk driving, you are putting in danger not just yourself, but the other people around you, including other drivers, motorcyclists, bicyclists, and pedestrians.

A drunk driving accident that has injured or killed another person is likely to involve worse charges and penalties.

Number of Offenses

According to the website of the Law Offices of Richard A. Portale, P.C., the penalties for driving while drunk charges may depend not just on the circumstances of your arrest, but also on your previous record.

Committing the offense a second, third, or fourth time or more have proportionately increasing penalties.

Status of License

Getting arrested because of drunk driving is already bad in itself, but it can be worse if you do not even have the privilege of driving.

Driving drunk and with a suspended license, lack of license, or any other license condition that takes away your privilege of being under the wheel, may be considered a factor and worsen the charge against you.

Trucking Company Negligence

Trucking Company Negligence

Driver error, vehicle malfunction, and road defects are some of the most common causes of truck accidents. But what if the one at fault is the truck company itself, because it has been careless and negligent in its practices? According to the website of the personal injury lawyers of Ausband & Dumont, trucking companies have the responsibility to follow safety standards, and failure to do so may result into a lawsuit concerning employer negligence and liability.
Trucking company negligence may come in many forms. It may involve employment practices, vehicle maintenance, and safety procedures. Below are some of the most common forms.

Hours of Service Violation

There is an hours and service mandate to protect truck drivers from working extremely long hours with little sleep. This mandate may also indicate how long a truck driver should work before resting, how often he should rest between shifts, and other little things that may involve working hours and rest. You may look at it as a way to prevent truck accidents due to fatigue.
There are many instances where this hours and service mandate is violated, because the truck driver wants to reach a specific deadline or the trucking company wants to maximize productivity.

Negligent Hiring

Trucks are big and heavy, so getting them involved in a traffic accident may have serious consequences. For this reason alone, trucks should only be handled by those with good driving skills. Sometimes, trucking companies become negligent of their hiring practices and end up hiring drivers with driving infractions, criminal convictions, or poor driving skills.

Failure to Train or Inadequate Training

Even professional drivers are not perfect. They need the proper training to efficiently handle the specific kind of truck they need to drive. This training includes safe driving practices, safety regulations, and operation laws. If at least one of these has been violated and an accident has occurred, the trucking company may be held liable because of its failure to give appropriate training for its drivers.

Failure to Inspect Vehicles

Maintenance is one of the key ways to ensure that trucks are in optimal condition to avoid vehicle malfunction and defects such as brake problems, tire blowouts, and trailer detachments. Failure to inspect trucks from possible damages and give proper upkeep may result into road accidents. Trucking companies may be considered responsible for such accidents and they may be taken into court, especially if injuries have been sustained.
It is good to know that there are federal and state laws that protect truck drivers and innocent motorists around them from disasters that can arise because of trucking company negligence. There are truck accident attorneys out there willing to fight for you in case you have been involved in such inconveniences. But at the end of the day, you do not want lawsuits. All you want is a disaster-free road.

What is Probate Litigation?

What is Probate Litigation?

Litigation is the process of taking legal action to fight or defend the legal rights of two opposing parties. According to a litigation article from the website of Arenson Law Group, PC, common issues that result into litigation involve breach of contract and of fiduciary duty, business and employment torts, debt collection, franchise controversies, fraud and misinterpretation, non-compete agreements, and real estate broker commissions.
But litigation can also involve the deceased and his or her assets. This is called probate litigation. In this kind of litigation, the court identifies the assets of the deceased, makes decisions in relation to taxes and other incidental costs, and distributes these assets to their respective legal heirs, as stated in the will.
A probate litigation is basically about challenging the provisions of the last will and testament. The personal representative, or the bank or trust that has been appointed by the court to administer the assets, can also be challenged.
Below are some of the most common reasons why a probate litigation occurs:

  • Challenging the wording and overall construction of the will and testament
  • Challenging the validity of the will
  • Debating whether a guardian is to be appointed or not to an individual who has not executed a power of attorney
  • Determining the personal representative
  • Having different opinions in terms of conservatorship and guardianship
  • Taking legal action against a fiduciary for failing to fulfill his or her legal duties
  • Terminating a trust because of its impracticality

These issues can be very complicated, so it is advisable to get the legal help of professionals who specialize on these issues, like the Chicago probate litigation lawyers of Peck Ritchey, LLC.
Proper probate litigation avoids further disputes among family members, ensures that the assets and wealth are secured and every heir get the appropriate benefits, and resolves possible issues such as tax liabilities.

Negative Psychological Effects of Divorce on Women

Divorce can be an emotionally stressful experience, especially if the parties involved will part ways because of negative feelings and disagreements. The process of getting a divorce is already complicated in itself, but the real complication occurs after the divorce has been successful. It changes the lives of the couples, dividing their assets and liabilities, and agreeing on child custody, child support, and spousal support.

This can have positive psychological effects, such as feelings of freedom and relief, but it cannot be denied that this can also have negative psychological effects, especially on divorce cases that have occurred out of negativity.

Anger
One of the most common responses to divorce is anger. Maybe your spouse has hurt you or your children. Maybe he has failed to commit to responsibilities. Whatever the reason is, you are angry, and this may lead to other psychological problems, such as increased irritability and increased vulnerability to stress.

Anxiety
You just got a divorce, your children don’t get to be with both parents, and your financial status may have been affected. All these dramatic changes in your life can give you anxiety, because the future has never been this uncertain. This is especially true on mothers who have sacrificed their career for familial duties.

Depression
The failed relationship, broken home, uncertainty of the future, and other aspects of divorce may cause depression on the parties involved, particularly women. These may also cause feelings of low self-worth and confidence, affecting not just your personal life, but possibly also your employment opportunities and general enjoyment.

Guilt
Guilt is a common response to divorce, especially to those who have initiated the divorce. They may feel guilty and blame themselves for the broken family they have created and its negative effects on the children involved. Many divorce cases are initiated by women, so they are more vulnerable to this psychological issue.

All You Need To Know About Construction Site Accid...

One of the most dangerous places to be in is a construction site. Day in and day out, construction workers get injured. Although there are safety precautions being implemented in these places, some employers fail on their duty to ensure the safety of working conditions in construction sites. According to the website of Abel Law Firm, such negligence of employers can prove catastrophic leading to deaths and injuries.

Accidents that happen in the construction site are of two primary types. The first one involves construction workers. These types of accidents may lead to injuries or damages sustained by a construction worker hired to perform certain jobs. The types of injuries may include those incurred from machinery, utility, or unsafe work zones. These accidents can be prevented by using safety gears, goggles, and helmets. At the same time, employees should be certified and trained to operate equipment.

Another common construction accident may involve pedestrians that are not in any way affiliated with the construction project. The pedestrians differ from the injured workers as they may not have any insurance coverage. Thus, it is important for the construction site to adhere to safety standards and ensure the security of their premises. If not, the construction company may find themselves facing the legal ramifications of their negligence.

The dangerous nature of construction sites can be attributed to the presence of heavy equipment, unstable foundations, and hazardous environment especially for those who are not trained to handle certain equipment. Improperly trained workers are the ones who are most prone to getting injured or killed.

The construction industry is regulated by strict and stringent guidelines that every construction company and worker should adhere to. Otherwise, any injuries incurred in the construction site shall be the liability of the employer for not following proper standards.