Firm News (23)
DUI's in South Carolina
Written by JamesWIf you or a loved one is facing a DUI, The Davis Law Firm can help we have an experienced lawyer that has a lot of experience dealing with DUI charges and help have your charges reduced. Some types of DUIs can be charged as a felony, which is a severe crime that can result in you being incarcerated. If a person causes the death or injuries to someone as the consequence of driving while under the influence of alcohol the person driving the vehicle can be found guilty of a felony and can face time in state prison for years. Prior convictions for misdemeanors under-the-influence or at-or-over-.08% will typically result in a longer prison term. In some states, a third or fourth DUI can be enough alone to have a driver charged with a felony. In these cases, it will not matter if another person was killed or injured as a result.
If you are wondering what a DUI charge means it is when a person is found to be driving under the influence of drugs or alcohol. A DUI law can prevent driving under the influence of an alcoholic drink, driving under the influence of drugs, or driving under the combined influence of alcohol and drugs regardless of your blood-alcohol level.
DUI charges are considered to be among the most severe of driving offenses mostly because they cause over one-third of all traffic fatalities alone. This is why DUI's also tend to carry more substantial penalties.
There are three kinds of drunk driving laws:
The first of course is driving under the influence. Every single state in America has a DUI listed as a crime. DUIs are defined as driving or operating a vehicle including ATV's, while intoxicated or under the influence of other legal or illegal substances.
To determine if a person is guilty of a DUI they must be able to prove that the person was caught operating a vehicle while under the influence of alcohol or drugs with a BAC level of.08%.
Some DUIs such as first offenses, for example usually are treated as misdemeanors, under some circumstances the offense can be listed as a felony, which is far more serious.
Anyone facing a DUI should immediately consult with an experienced attorney. A knowledgeable attorney can help explain the laws in your area and know the local prosecuting office’s plea bargaining tendencies, and also the impact a DUI can have on your driver’s license. Call The Davis Law Firm Today to see if we can help you.
Benefits of Hiring an Attorney
Written by JamesWAttorneys have been to numerous trials with cases just like yours, and a qualified attorney can give you an estimate on how far they believe your case would have to go and how to best resolve your lawsuit. Also, an experienced attorney can usually tell if they think they have a good chance of winning a case or not. The average person can find it difficult to fill out and file the proper legal documents and keep up with the deadlines and protocols, but with the help of a skillful attorney, it makes these matters so much easier. Your lawyer can handle all the hard work, and you can relax knowing they have everything under control. A skilled legal representative knows what the best options are for you and can guide you in making the right choices that ensure a better outcome for you. Lawyers have the expertise to negotiate for a fair or even higher settlement with insurance agencies or the opposing party. Attorneys have experience working with different defense lawyers and have a broad knowledge on how to handle your case to help get you the best result. A lawyers job is not just to be your legal adviser, but to also be a helping hand in times of need. Since they have dealt with similar claims, they understand the stress and anxiety it can cause, and the best part of all is that you won’t have to be anxious about confiding everything to your lawyer since everything you say will be kept confidential.
There are numerous legal matters in which the aid of having a legal representative would be a huge benefit to you. For example, personal injuries, breach of contract, criminal cases, divorce, lost claims, and of course if you are facing jail time. Many people believe that they cannot afford a lawyer and try to represent themselves in legal claims, but what they do not realize is that hiring a lawyer would benefit them immensely and give them a greater chance at having a better legal outcome. Some of the benefits of having an attorney are:
Attorneys are very knowledgeable when it comes to the law and its processes. They understand and are more experienced with the legal procedures which would probably be unfamiliar to us. They know which legal documents to file, how to fill out the proper forms, the statute of limitations, and legal technicalities that can seem a bit overwhelming to someone less experienced in these matters.
If you are in need of a lawyer call The Davis Law Firm today!
South Carolina Seat Belt Laws
Written by Administrator SC Safety belt Law Sc Seat Belt Laws and What You Need to Know: South Carolina’s seat belt law states that every operator and passenger (whether in front or rear) of a motor vehicle, when it is being operated on public roads and highways of this State, is required to wear a fastened safety belt that complies with all requirements of federal law for its use. It is the driver's responsibility to make sure every passenger of the vehicle 17 years of age or younger is wearing a seat belt or that they are secured in a child restraint system as required by law. A driver is not, however, responsible for an occupant 17 years of age or younger who has a driver’s license, special restricted license, or beginner’s permit and who is not wearing a safety belt. There are some cases where the seat belt law does not apply, listed below are examples of this: A driver or occupant who holds a written verification from a doctor that he or she is not able to wear a seat belt for physical and/or medical reasons; Medical or rescue personnel tending to wounded or sick individuals in an emergency transport when operating in an emergency as well as the injured or ill people; Public transportation vehicles excluding taxis; Participants of vehicles in parades; United States mail carriers; Seat belt laws are in enforced so that we can better help to protect our citizens. Motor vehicle accidents have been a leading cause of death in America. Child restraint laws require children riding in a vehicle to use approved restraint devices such as car seats, booster seats, or safety belts suitable for their age, weight, and height. When riding in a car or other vehicle, children 8 years old and younger are required to be appropriately restrained by an approved child safety seat. However certain conditions apply: Infants 2 years old and younger are required to be in a rear-facing child car seat in a rear passenger seat of the car or other vehicle unless the child surpasses the manufacturer's weight or height limits. Toddlers 2 years old and over must be in a forward-facing child car seat in a rear passenger seat until they exceed the manufacturer's weight and height limits. Children at least four years old are required to be in a belt-positioning booster seat in a rear passenger seat. Booster seats are required to use a lap and shoulder strap. Children that are eight years old or are at least 57 inches tall can use a seatbelt if: The shoulder seat belt crosses the child's chest and not their head or neck. The lap seat belt fits over the child's hips and thighs and not across their stomach. The child can sit, without slumping with their back straight against the seat back with their knees bent over the seat edge. All children that are under the age of 8 years old must be in a rear passenger seat unless children occupy all rear seats under eight years old or if the vehicle does not have rear seats. Any child in the front passenger seat is required to be in an appropriate child safety seat for their age. Call The Davis Law Firm In Orangeburg South Carolina Today!
An individual may be fined up to $25 for violating the law and even up to $50 for breaking this law more than once, but no points will be assessed for the offense.
By wearing safety belts and correctly securing children into age and size-appropriate car seats and booster seats, we can decrease the danger of severe injury and death in a car crash by half.
The harmed party must first discover why the equipment was faulty. If "wear and tear" was the reason, then it is the employer’s liability. Employers have a legal responsibility to manage and inspect equipment correctly and declining to do so suggests they were possibly negligent. Nevertheless, sometimes the equipment itself is faulty. Even with proper maintenance, the equipment faults due to a inadequate design or defective parts. In this instance, it is the manufacturer that can be held accountable. Sometimes mishaps concerning equipment happen not because of the equipment itself, but because of the efforts of the equipment operator. If the worker knew that the equipment was defective, and proceeded to use it anyhow, that person could be held responsible. Even if the worker is the one injured, it is plausible for the liability to fall on that person. That is why it is necessary to get sound legal advice when handling an injury case involving defective equipment. In multiple cases, there are two people that are held accountable. Both the employer and the manufacturer, for instance, can be held responsible. If the equipment was defective, the manufacturer is to blame, but if the employer chose to use it anyhow, they too are responsible. Negligence and Fault Must Be Considered In defective equipment cases, the main question is discovering what fault conclusively caused the mishap. Is the fault in the equipment, or in activities concerning the equipment? Did the fault come from the company or from how the equipment was managed at the site of employment? Then, after figuring out fault, the next problem lies in defining negligence. Did someone’s carelessness lead to the incident? Usually, asking these two major questions will undoubtedly show where the liability rests. If you have any more questions about Work Place Injuries contact The Davis Law Firm at (803) 531-3888
Workers Compensation
Written by JamesWIf you have been hurt at your job, workers' compensation laws allow you certain benefits. These benefits can involve reimbursement of medical bills, payment while you're incapable of work, rehabilitation, permanent partial disability privileges, or total disability privileges. Your employer's workers' compensation insurance is liable for paying these benefits. Injuries usually covered by workers' compensation include: 1. Traumatic physical injuries If You've Been Hurt on the Job If you're hurt while at work or generate a work-related disease, you should inform your employer as soon as possible. Deadlines will differ from state to state, but your eligibility to obtain benefits may be restricted if you wait to inform your employer. Find out the name of your employer's workers' compensation insurance carrier. You should still get medical treatment and seek workers' compensation with or without this knowledge, but it may be simpler if you identify the name of the insurance carrier. You should seek medical treatment for your injury immediately. Make sure to inform the doctor that your damage happened on the job or in relation to your job. Once you've got medical treatment for your injury or work-related disease, you should consider communicating with a workers' comp lawyer to assist in guiding you throughout the process of applying for workers' compensation. After you've obtained medical treatment, make sure that you notify your employer, in writing, before the deadline to get workers' compensation benefits. Types of Workers' Compensation Benefits Workers compensation laws differ from state to state. A workers' compensation lawyer in your city should be able to describe to you the application process and the benefits you are entitled to. If you get workers' compensation following an injury, you cannot sue your employer for extra payment in relationship with your injury. However, you may, be capable of filing a lawsuit against others involved. A workers' compensation attorney can inform you of your legal options.
2. Work-related illnesses
3. Mental injuries
4. Repeated trauma injuries
South Carolina's Medical Malpractice Statute of Limitations Anyone who desires to file a medical malpractice claim in South Carolina first should be conscious of the statute of limitations, which is a law that establishes a strict limit on the amount of time you have to get your case started in South Carolina's civil court system. You can locate this law at South Carolina Code of Laws section 15-3-545, and it states that this type of case needs to be filed "within 3 years from the time of the treatment, omission, or operation giving origin to the cause of action or 3 years from time of discovery or when it reasonably should have been discovered, not to pass 6 years from time it happened." In simpler terms, you must file the lawsuit inside 3 years of the date that you were actually harmed on or could have reasonably known that you were harmed on, the defendant's medical error. But when six years have passed, your right to file a medical malpractice lawsuit is no longer available in South Carolina, subject to a few rare exceptions. The most popular exception to South Carolina's six-year rule is medical malpractice cases concerning "the placement and inadvertent, accidental, or unintentional leaving of a foreign object in the body," like a medical tool after surgery. In those rare cases, the lawsuit has to be filed inside of two years from the time on which the presence of the unknown object was detected, and the extended six-year deadline does not come into play. If the lawsuit deadline has ended and you decide to try and file the complaint anyhow, you can almost, without doubt, count on the defendant asking the court to drop the case, and the court allowing the motion. If that occurs, that’s the conclusion of your lawsuit. That's why it's so essential to know and comply with the medical malpractice statute of limitations. If you have any questions, contact The Davis Law Firm at (803) 531-3888.
DUI In South Carolina
Written by JamesW1ST Offense: 2ND Offense: 3RD Offense: 4TH Offense: Lookback Period: 10 years Multiple convictions for drunk driving could also end in a court-ordered installation of an Ignition Interlock Device on your car at the convicted driver's expense. You could also be required to attend an alcohol or drug intervention program. The Department of Motor Vehicles will issue and publish the names of all motorists who have had their license suspended as a result of a DUI. How much do you have to drink for a DUI in South Carolina (BAC*)? -Under 21 : .02 % -21 or older: .08 % -Commercial: .04% What if you refuse to take a chemical test in South Carolina? South Carolina has a suggested consent law. This implies that if you refused to submit to a substance test, you will be subjected to a fine and license suspension. Refusal to take the test : 1ST Offense 2ND Offense 3rd Offense Drinking and Driving Laws in South Carolina It is illegal in the State of South Carolina to operate a motor vehicle with a blood alcohol concentration (*BAC) of .08 % or greater. The limit is lower for commercial drivers and drivers under the age of 21 (Legal Drinking Age). The .08 limit is the official measurement of the "impaired" driver in the United States. It is also illegal to operate a motor vehicle in the State of South Carolina under the influence of substances such as marijuana, cocaine, inhalants and other controlled substances.
-Jail: 48 hours to 30 days
-Fines: $400 or imprisonment for no less than 48hrs or 48hrs of public service
-Jail: 5 days up to 3 years
-Fines: $2100 to $6500
-License Suspension: 1 year
-IID Required: yes
-Jail: 60 days to 5 years
-Fines: $3800 to $10000
-License Suspension: 2 years
-IID Required: yes
-Jail: 1 to 7 years
-Fines: up to $10000
License Suspension: Permanent
-IID Required: ----
** BAC = blood alcohol content
6-month license suspension
9-month license suspension
1-year license suspension
Why Are Criminal Law Lawyers So Important?
Written by JamesWCriminal defense lawyers must serve those charged with crimes in court. Crimes can vary in severity from a misdemeanor up to a felony. Discipline can range from a minor fine to years in prison or even death. Representation is essential for those charged with a crime. The U.S. Constitution declares that all citizens accused of a crime will be presented representation. If you have hired the assistance of a criminal law lawyer or are attempting to retain one, you should understand what services your lawyer should be able to perform. Why are Criminal Defense Attorneys Important? Criminal law is a complicated body of state and federal legislation. Each state frequently sets its own penalties for state crimes. The majority of crimes are usually state offenses. Exemptions include creating damage to federal property or causing injury to a federal employee. The average person will not have an adequate understanding of criminal law. Unfortunately, failing to understand the criminal law is infrequently a sufficient defense to bypass being found guilty. Although a person has the legal right to represent themselves throughout criminal trial processes, the consequences of having inadequate legal representation can be critical. Misdemeanors might only involve a fine or a short jail sentence, but felonies, which are more severe crimes, can lead to lengthy prison terms. This is why it is so necessary to have someone educated about the law argue on your behalf. Criminal Defense Attorney Services Pre-Trial Criminal defense lawyers can help clients during the criminal justice process, including pre-trial. Some people prefer to hire a lawyer through the investigation phase of a crime before they are charged. This usually occurs if someone is a suspect and has ground to believe that he/she will someday be charged. In these cases, a criminal defense attorney may help instruct the person while being investigated by authorities to guarantee the suspect doesn't reveal any incriminating information. A criminal defense lawyer can also help in persuading a court to dismiss charges against you based on inadequate evidence or incorrect procedure. For example, in numerous cases, a police officer must have probable cause before conducting an arrest. Probable cause involves a compelling reason to believe that you have performed a crime. Criminal defense lawyers have knowledge of probable cause as it is established within your jurisdiction and might be able to offer a challenge to the officer's argument in court. If the lawyer can prove that the officer did not have a probable cause to examine the alleged crime scene and make an arrest, charges on you could be dismissed before a trial begins. When you are detained for a crime, you may be held pending trial. Though, you usually can be discharged as long as you present a certain amount of money which is called bail. Bail is designed to assure that you show up for trial. A criminal defense lawyer can try to convince the court to lessen your bond or waive it entirely. If you know you will be deemed guilty of a crime, you might want to try to get a plea bargain with the prosecution. A plea bargain is a contracted agreement to decrease charges to a lesser offense or lessen the sentencing. Your lawyer can represent you throughout plea negotiations to improve your chances of obtaining a reduced punishment. Criminal Defense Attorney Services at Trial Criminal defense lawyers can also help you during the criminal trial. They can investigate your case, distinguishing its strengths and weaknesses. From there, you and your lawyer can cooperate to come up with a defensive approach. Your lawyer can also explain the ups and downs of pleading guilty, mainly when a plea bargain is on the table. Your attorney can also help with the conventional steps of a criminal trial, from jury selection to presenting opening statements to examining witnesses. And criminal defense lawyers can help you with the appeals process. If you have any questions or require legal representation, do not be hesitant to contact The Davis Law Firm today at (803) 531-3888
South Carolina And Car Accidents
Written by JamesWThe National Highway Traffic Safety Administration (NHTSA) states that in 2015, approximately a thousand people died in traffic collisions here in South Carolina. The state’s traffic death rate of about 20 accident-related deaths per 100,000 people is nearly double that of the national average. Why are South Carolinians at risk while on the road? Primary Causes of Traffic Accidents and Deaths in South Carolina There are several potential factors that can contribute to an automobile accident here in South Carolina. The most typical bad behaviors that can produce a collision include: Drunk driving. Speeding. Texting and distracted driving. Extra usual reasons for accidents in South Carolina involve tailgating, dozing at the wheel, and failure to yield. Protect Yourself and Your Legal Rights Though, we can’t always estimate the behavior of other people. Collisions can and do occur every day, no matter how careful we are. When someone else’s carelessness causes a wreck, the best thing you can do is to seek legal help from a qualified accident lawyer. Your car wreck lawyer can make sure that your rights are defended and help you seek fair compensation for any property damage, medical bills, lost wages, and other expenses you might need. How to Get Legal Help After an Accident
NHTSA’s statistics for 2015 reveal that out of 977 deadly accidents in South Carolina, 301 involved a person driving under the influence. That’s approximately one-third of all traffic-related deaths in the Palmetto state.
The NHTSA data reveals that 361 people were killed in South Carolina because of speed-related crashes, producing over one-third of traffic-related deaths.
Nationwide NHTSA statistics confirm that in 2014, over 3,100 people were killed because of distracted driving and 431,000 people were harmed. Texting is the newest contributor to distracted driving, but different actions like speaking on the phone, eating/drinking, and changing the radio all produce accidents, too.
The greatest way that you can preserve yourself proactively is by evading bad driving behaviors. Just by never driving intoxicated, following posted speed limits, and not using your phone while you drive, you can bypass being the potential reasonof tragedy on the road.
If you’ve been in an auto collision and require legal help right away, please don’t delay to call me today. You can reach The Davis Law Firm at (803) 531-3888.
Hit And Run Car Accidents
Written by JamesWYou’re side-swiped on the road, and the other operator speeds away. Or perhaps you come back to your car in the parking lot after going shopping, to find a dent in your vehicle and no phone number on your windshield. A hit and run car accident can leave you with injuries, vehicle destruction, or maybe both. "Who’s going to pay for this?" The answer may be your car insurance coverage, but there are other factors to take into consideration. Usually, drivers obtain car insurance to make sure they're covered if they end up producing a car accident in which someone else is injured or incurs property damage. This is described as "liability" car insurance, and in most states, it's the type of car insurance that vehicle owners are obligated to carry. But since you don’t know the identification of the other motorist in a hit-and-run accident, let alone their insurance information then obviously their liability insurance (if they even have it) is not going to come into play. Let’s look at a few of your best options : Uninsured Motorist Coverage Usually, an insurer is obligated to at least give a minimum amount of uninsured motorist coverage to policy obtainers, which must decline UIM in writing if they don't desire it. Uninsured motorist coverage usually gives financial compensation if you're injured and/or incur vehicle damage in a car collision produced by someone who is operating without car insurance. Underinsured motorist coverage provides similar protection if the at-fault driver's policy limits are less than your financial losses. UIM would also be your primary source of security in the event of a hit-and-run accident. Considering that the other driver cannot be found, you should report the accident to both law enforcement and your insurance company within a reasonable period of time. The name and contact information for an objective car accident witness will be a big help, as you'll need to give some basic proof related to the accident. PIP Coverage Personal Injury Protection or (PIP) coverage reimburses you for medical bills and lost earnings for the insured driver after a car collision, regardless of who produced the crash. PIP coverage is usually available in many states as add-on coverage, depending on where you reside and which car insurance company you have chosen. And in states that obey a no-fault car insurance system, PIP is part of your necessary coverage. Collision Coverage When all else disappoints, you can make a claim on your own policy under your collision coverage after a hit-and-run collision. This would at least cover the cost to repair your vehicle, but will in all likelihood cause your premiums to rise. So, your choice to go this route may depend on the amount of the damage and the cost of repairs to your vehicle. If you have any questions about a hit and run accident contact The Davis Law Firm today for a professional consultation.
More...
If you were hurt or sustained property damage in a car collision, you might be questioning how an attorney can help you. While much depends on the specifics of your case, in general, a lawyer can: 1. Communicate with the other driver’s insurer 2. Obtain the necessary evidence concerning liability/organize your medical records and bills 3. Talk with your health care providers to obtain missing records 4.Organize and present the evidence to prove liability and damages Let’s look at a couple of these things in-depth. Communicating with the Other Driver’s Insurer: In any personal injury case, your lawyer will start up a line of communication with the insurance agency for the other party included. The insurance adjuster has the pocketbook, and so it is essential for a plaintiff’s attorney to have good communications with the adjuster. Obtaining Necessary Evidence of Liability: A skilled lawyer can help secure all of the evidence that you will require to prove responsibility in a car accident claim. Although you have already taken pictures of the accident, your lawyer will presumably go back to the scene to examine it carefully. While a photograph may be "worth a thousand words," truly seeing the scene can be "worth a thousand pictures." The attorney will make sure to take all of the accident reports in the incident and will usually speak with the investigating officers and witnesses. A great lawyer will leave no stone unturned when it comes to collecting evidence of liability. Though we only went through a couple of things a great lawyer can do for you, If you have any other questions about your car accident claim contact The Davis Firm today and let him assist you!
negotiate with lien holders on your claim .
Workers' compensation laws differ widely from state to state. The rights of an injured worker vary widely as well, as do the various legal procedures that assure those rights. Usually, however, there are plenty of legal rights that are standard across most states: 1. You have the right to file a claim for your injury or illness in workers compensation court or the state industrial court 2. You have the legal right to see a doctor and to get medical treatment 3. If you are not able to go back to work because of your injury or illness, whether permanently or even temporarily, you have the right to some type of disability compensation 4. If you dont agree with any decision by your employer, the employer’s insurance company, or the workers' compensation court, you usually have the right to appeal that decision. 5. You have the right to be represented by a lawyer throughout the process. In knowing your rights to act, as an employee, it is just as important to understand you have the legal right to refuse certain requests/offers. This, in summary, means that you have the right to say, “no.” And if your boss proposes some kind of incentive in an effort to persuade you against filling out a workers compensation claim, this is against the law. You have every right to say, “no.” The laws in each state present that you can proceed in a workers' compensation claim without fear or harassment from your company or employer. If your employer makes it challenging for you to exercise these rights smoothly, the penalties inflicted upon the employer can be quite harsh. It is against the law for your boss to harass you at work or contrarily make it tough for you to do your job if your filing of a workers compensation claim is the reason for that behavior. What Are My Rights Against Parties Other Than My Employer? Sometimes your on-the-job injury might have been produced by the neglect of a third party. Depending on the conditions, this other entity may be a manufacturer of a defective piece of machinery or maybe the operator of a delivery truck. If you are harmed while at work due to the carelessness of another individual, you could have the right to make a claim against that person (or entity). These are identified as “third-party claims.” Usually, these claims are not recorded in the workers' compensation world. Typically, they take the form of civil lawsuits and are filed in state courts or federal courts. Civil lawsuits for "work-related injuries" can typically seek added personal injury damages that are not (recoverable) in a workers' compensation claim. For instance, the advantages you receive in a workers' compensation claim are intended to compensate you for your medical costs and lost earnings. You are typically not permitted to seek compensation for pain/suffering. In a third-party claim, you are ordinarily allowed to seek compensation for pain and suffering, which is in a category of "non-economic" damages.
if you are released back to work by your physician, you have the right to return to your job
Liability For Railroad Crossing Accidents
Written by JamesWA train hits a car somewhere in The United States approximately once every 3 hours, according to Operation Lifesaver, an organization committed to decreasing the number of injuries and deaths around railroad tracks/crossings. Moving freight by train persists as one of the most effective and most-used ways of moving freight around the USA. The United States Department of Transportation demands continued growth over the next several years in the use of train networks for the transportation of goods and people. There are more than 250,000 crossings throughout the U., and over 96% of all train accidents happen at these crossings. Almost 1/4 of these crossings are unprotected, they do not have flashing lights or swing-arm gates at the intersections to alert motorists of an oncoming train. After a collision as possibly catastrophic as a train wreck, it is reasonable to question who or possibly what might have been the reason for the accident, and where legal liability rests. Liability of the Railroad Company Operating the Train Just like any person/company who operates a vehicle on a highway, the railroad also has a responsibility to operate its trains in a secure and careful manner. These duties refer to a number of "categories" of railroad operations. A violation of any of those duties may create negligence and result in an accident with a vehicle. A railroad’s duties may include: -Proper training of people operating the train -Ensuring that the train crew is not fatigued, or under the influence of any drugs/alcohol -Making sure that the train’s crew correctly sounds the train’s warning whistle/horn as it approaches -Ensuring that the train is going within the speed limit and Liability of the Railroad Company that Owns the Track Trains don't just travel on tracks controlled by their parent railway company, but frequently on railway lines controlled by other railroad companies. As a result, if a vehicle to train collision happens at a railroad crossing, the company that manages the train may not be the same company responsible for other safety features at the crossing. A railroad that controls a track line doesn’t own only the narrow strip of land on which the track sits on. The company also owns a width of land on either side of the track. Concerning crossings, this ownership inflicts many duties that can frequently affect the overall security or safety of a railroad crossing. These duties include: -Proper maintenance and installation of lights and gates at appropriate crossings -Generally ensuring that approaching motorists to have clear lines of sights at crossings by removing obstructing objects Liability of the Train Designer or Manufacturer Depending on the conditions of the vehicle-train accident, the reason for the accident may be associated with the design of the train or components on the different cars. Many electrical and mechanical systems play essential roles in the amount of safety given around trains. This includes: -Warning whistles, bells, and horns -Flashing headlights and warning lights -Brake systems on locomotives and freight cars Liability of the Local County or City In unique circumstances, the condition of the vehicle roadbed through the crossing may play an important role in creating a collision with a train. Depending on the area of the crossing, the design, liability for construction or maintenance of the train roadbed could fall to the county or local municipality. If the roadbed was poorly created or maintained, it is probable that the county or city may be legally responsible for any injuries endured at a railroad crossing accident. Liability of the Automobile Driver Finally, we cannot overlook that choices made by the operator of the automobile oftentimes play a role in accidents with trains. Drivers may try to drive around crossing gates, assuming that enough time is available to cross the tracks before the train comes. If you are a passenger in a car that is included in an accident with a train at a crossing, the operator of your vehicle may also be legally responsible for your injuries depending on the circumstances of your particular accident.
correctly maintaining locomotives and rolling stock.
If any of those systems, or particular components of those operations, was inadequately designed or created, the company that produced or created the faulty component may be liable for injuries arising out of a crossing mishap.
Wrongful Death Case- An action (civil) brought by the survivors or the estate of a person who died due to the neglect or deliberate acts of another is called a “wrongful death” claim. Each state has a particular set of rules overseeing wrongful death claims, including regulations recognizing who can file for a wrongful death lawsuit in the state's court system. Usually, a family member or the personal agent of the deceased’s property will be able to file the suit. The rules of each state also define when this kind of case must be filed, and the different types of damages that can be obtained. What are the Various Kinds of Damages in a Wrongful Death Case? Damages in a wrongful death case usually fall into two general categories, which are frequently defined by two distinct time periods. The first category allows recovery of damages endured by the deceased from the time of the negligent act producing the death, until the time of the decedent’s passing. As an example, in the event of a car accident, this would cover the time from the experience of the crash until the deceased person's eventual death beginning from their accident injuries. That could occur hours, maybe weeks following the accident. The particular damages in this category might cover medical costs, the deceased’s person's mental and physical pain, the deceased’s lost earnings and funeral expenses. The second broad category of damages includes those losses endured by the next of kin after the deceased’s passing. This category of damages is intended to compensate the family survivors for their financial losses. The laws of the various states show that these damages are generally intended to restore the value of money that the deceased would have earned were it not for the unfortunate death. It covers the lost wages that would have been earned until the deceased’s expected retirement. Some states also permit claims for “loss of consortium.” This is when a spouse or immediate family members are stripped of the deceased’s companionship. This is especially notable when an adult parent dies and leaves behind minor children who are stripped of the guidance from the parent. Who Can Be Awarded Damages in a Wrongful Death Case? In deciding what types of damages will be granted in a wrongful death lawsuit, a court will look at various factors encompassing the deceased and his or her relationships with the surviving family members. Usually, wrongful death damages can be awarded to: Spouses – Children – Parents – Depending on the conditions of the deceased’s passing, courts can also award punitive damages to the family members. Punitive damages can be granted where the defendant engaged in a reckless type of conduct ending in the deceased person's death. Punitive damages are intended to punish the defendant and to prevent similar behavior in the future.
The spouse usually has a claim for the lost companionship that emerged from the deceased’s passing, as well as for the spouse’s emotional trauma resulting from the death.
Minor children could also be awarded damages for the loss of their relationship with the late parent, and this includes loss of comfort and support.
Parents of a minor child who has passed away can also recover some damages for their emotional health and the lost "parent to child" relationship that they had with the kid.
