Personal Injury

Where to Drive Golf Carts

»Posted by on Dec 26, 2018 in Personal Injury | 0 comments

Most of us are pretty relaxed about the idea of driving a golf cart. How hard can it really be, right? However, there is more involved in safely operating a cart than just avoiding the lake. Today, golf carts have many uses outside of just the golf course. Check out some tips on driving safely as you move beyond the golf cart paths and sand bunkers.

Where Can I Operate a Golf Cart?

1.The Road
You’re not likely to spot a golf cart on your morning drive down the highway, but some states have made golf carts legal on non-highway roads. It is now legal to drive a golf cart on roads less than 25 mph in California. Street cart driving is legal in Minnesota based on local government decisions. It is important to keep in mind that liability may change as you leave certain areas. If you’re using a country club’s golf cart, they may not be responsible for accidents that happen on the street.

2. Outdoor Trails
In several states, such as Georgia and Texas, it is legal to operate a cart on recreational and park trails. This means you can travel alongside bikers, joggers, rollerbladers, and dog walkers.

3. Personal Property
Carts are an affordable alternative to ATVs or trucks if you’re looking to get some light towing or construction done on your property or workspace.

4. College Campus
You can’t ride a golf cart around campus the same way you ride a bike around, but golf carts are becoming more and more acceptable for work-related use as well as transportation for injured and disabled students.

5. Retirement Communities
Golf cart use is expanding rapidly in retirement communities due to the ease of access they provide. These carts can provide a new level of mobility to those who would otherwise not have it.

How to Drive a Golf Cart Safely

It doesn’t matter if you’re driving the streets, the golf course, or through campus, applying these quick tips reduces the risk of injury while in a cart.

1. Turn Slowly
Turning at 11 mph creates enough force to throw someone out of the vehicle. Golf carts do not have doors to hold in passengers like cars and trucks do. To keep everyone tucked safely in the vehicle, brake before turning and turn the wheel at a slow, steady rate.

2. Honk at Intersections
Many drivers are not expecting to see a golf cart on the road, and people have a hard time avoiding what they don’t expect. Give the horn a beep when arriving at an intersection to alert other drivers and pedestrians to your presence.

3. Steer Clear of Sidewalks
Many sidewalks are not built with the turn radius and gradient to accommodate the needs of a golf cart driver. It is often safer to drive on a trail or road than a sidewalk made for walkers.

Injured in a Golf Cart Accident?

There are many different issues related to liability in the case of a golf cart accident. While researching on my own, I came across a post from South Carolina golf cart accident liability lawyers Evans Moore Law, which I found to be very helpful.

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Child Drownings in Swimming Pools

»Posted by on Jul 30, 2017 in Personal Injury | 0 comments

Children have a dangerous combination of attitudes – they are curious and reckless. Also, they are physically and mentally limited to defend or save themselves. These traits make them extremely vulnerable, especially near areas with deep water, like swimming pools.

According to the website of Habush Habush & Rottier S.C. ®, those who have been hurt in swimming pool accidents may have legal options, and this is particularly true if there is negligence on the part of the property owner.

But at the end of the day, avoiding accidents such as drownings is still the smartest choice, and to avoid them, the first thing you should know is the elements that influence them.

Lack of Supervision

Because of the traits that make children vulnerable, adults such as yourself should give them particular attention. You should always have your eyes on children, because you will never know when they will do something that can put them in danger, especially that swimming pools can be particularly dangerous to them because of drowning.

Lack of Security

The swimming pool or resort owner also has the responsibility of ensuring that no accidents happen, so it is fair to say that they should have the adequate number of competent security personnel to keep an eye not just on children, but on everybody that is in the premises.

Lack of Lifeguards

Even if there is adequate security, you will never know when an accident will occur, so it is best for the swimming pool or resort owner to employ lifeguards. There should be enough lifeguards to reach different parts of the premises immediately, because obviously, a drowning accident doesn’t take long to be fatal, especially for children.

Lack of Barriers

Aside from security, the premises should also have the proper facilities to directly avoid drowning accidents. One of the most basic requirements is a barrier around the swimming pool, so it is not easily accessible for unsupervised children, if there are children who are unsupervised by security in the first place. This is an added measure to deter accidents.

Slippery Spots

There are also instances where children have gone to the water not because they want to, but because they have accidentally slipped from something. The most common culprits are the buildups of mold in a diving board or on the edge of the pool, especially those that are on the deep end of the pool.

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The Problem with Nursing Homes

»Posted by on May 20, 2017 in Personal Injury | 0 comments

You put your loved one in a nursing home because you know it is for the better. In there, your loved one will receive the medical attention he or she needs, and it will be received in a dignified manner. At least, that is what you think.

You should consider the possibility that the nursing home is abusive and neglectful. You loved one may be too limited physically or mentally to effectively say to you that this is the case, so you should be the one obligated to put him or her in a safe environment.

Abuse

Abuse happens when your loved one has received incidental force from another person. Many times, this person is either a nursing home staff or another patient. Either way, the nursing home management should prevent abuses from happening.

Abuse can come in many forms, such as physical, sexual, psychological, and even financial. Here are some of the signs you should look out for:

  • Behavioral changes, particularly in the presence of a specific person
  • Rise of new health complications or worsening of existing ones
  • Rise of sexually transmitted diseases
  • Unexplained wounds, especially on areas that are likely to be restrained, such as the wrists

Neglect

You put your loved one in a nursing home so he or she can get care, so if he or she isn’t getting it, what is the point? Like abuse, neglect can come in many forms, such as the failure to give the adequate hygienic, medical, and nutritional needs of the residents. The signs you should look out for include the following:

  • Dryness of skin and lips
  • Hygiene problems in body or clothes
  • Loss of weight
  • Worsening health condition

What You Can Do

It is important to point out that the existence of these signs don’t necessarily mean that your loved one is experiencing abuse, but they can serve as your first clues. According to the website of Clawson & Staubes, LLC: Injury Group, those who have loved ones that have suffered from abuse or neglect in a nursing home may have legal options.

But to prevent the hassles of spending time in court and money on legal fees, it is better to observe the nursing home first before putting your loved one there. Look at the place if it has the adequate facilities, competent staff, and clean environment that your loved one deserves.

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Make Sure You Qualify for Social Security Benefits

»Posted by on Aug 17, 2016 in Personal Injury | 0 comments

Make Sure You Qualify for Social Security Benefits

The Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) are the U.S. Federal government’s two largest programs aimed at providing financial assistance to people with disabilities. SSDI was introduced by the Social Security Administration (SSA) in 1956, while SSI was created in 1974.

These programs, though falling under the management of the Social Security Administration, address different disability needs and have different requirements for qualification.

  • The Social Security Disability Insurance (SSDI)

SSDI pays benefits to qualified SS insured members who may be 65 years old or below and who are also totally disabled. To qualify for payment, a member must meet the following requirements:

  • Had worked long enough (or recently enough) and have paid Social Security taxes or Federal Insurance Contributions Act (FICA) taxes while employed (these taxes are automatically deducted from the worker on a monthly basis);
  • Has earned the number of credits required by the SSA (workers earn four credits annually); and,
  • Is suffering from total disability

Total disability or disability, as considered by the SSA, means: (i) inability to perform previous work, as well as any other work, due to the medical condition; (ii) the disability has either lasted for a year or is likely to last for a year or more; and, (iii) the disability can result in death.

A list medical conditions that are severe enough ahs been drawn up by the SSA; finding one’s health problem in this list would automatically include him/her in the roster of disabled insured SS members. Not finding one’s health condition in the list, however, will require an evaluation by Social Security in order to determine if the health condition is serious enough to be considered a form of total disability.

  • The Supplemental Security Income (SSI) Disability Program

SSI provides non-taxable financial assistance to Americans, who are, at least, 65 years old, blind, or disabled (the meaning assigned to “disability” is the same with SSDI), and whose income or resources fall within the federal benefit rate (FBR) determined by the government.

The source of SSI funding is the U.S. Treasury general funds (rather than the SS taxes paid monthly by insured SS members); thus, neither SS credits nor previous employment is required from applicants to qualify into the program.

The main intent of the SSI program is to help provide for the basic needs of its beneficiaries. These basic needs include food, shelter and clothing. In a number of states, SSI benefits application is also considered as application for food stamps, while other states allow the benefits to be supplemented by Medicaid to cover prescriptions, doctor’s fee and other medical care costs.

As explained in the website of the firm Hankey Law Office, disability benefits vary by amount and duration, regardless, receiving this will definitely be huge financial help whether you have recently been diagnosed with a disability or have been disabled since childhood. To help make sure that you get approved for either an SSDI or SSI benefit if and when you file an application, having an experienced Social Security Disability Insurance Lawyer helping you through the whole process may be advantageous.

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Why is Wrongful Death with Personal Injury?

»Posted by on Aug 31, 2015 in Personal Injury | 0 comments

When you experience the death of a person close to your heart, it can be difficult to think rationally. As Albert Camus said in The Myth of Sisyphus, “It is always easy to be logical. It is almost impossible to be logical to the bitter end.”

What difference does it make if the death fits with personal injury or one that involves criminal intent? There is a person in your life who should be there but isn’t anymore – surely someone has to be accountable for it, right?

That is, indeed, quite true – but the law works with objective variables and not on sympathy. There is a difference for a reason because the law branches out into specifics in order to be justly measured with the equal mercy of the justice system. Wrongful death, according to definitions offered by the website of Williams & Kherkher, is a subset of personal injury in the event that the death in question was caused by an injury that was due to the negligent actions of someone else. This could branch out from death due to Mesothelioma as a result of asbestos exposure or even a construction site accident – and these are examples of personal injury, which is why it fits in there.

Though it is understandable to be emotionally distraught when experiencing grief over a loved one or family member, time is of the essence whenever dealing with scenarios of this nature. That is why it is recommended to seek out the help of the right kind of experienced professional with your given situation.

A lawyer that then has experience with personal injury, specifically wrongful death, will have the necessary experience and resources that can allow for your case to move as smoothly and as stress-free as possible so that you may carry on in your grief and maybe allow for some semblance of normalcy back in your life, to know that you are being taken care of by someone or a team that knows what they’re doing.

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“But for” in Personal Injury Cases

»Posted by on Apr 23, 2015 in Personal Injury | 0 comments

Accidents will happen, and it is not always someone’s fault. However, when an accident is preventable, then that is a whole other story. Tort law refers to it as a “but for” condition i.e. the adverse event would not have happened but for the act of the defendant. Louisville KY personal injury lawyers refer to the negligent act is the proximate cause, the main event, the catalyst.

For example, say that Tom decides to walk the dog for half an hour but could not find the leash. The dog is big, but it has never exhibited aggression. Tom decides it is safe to walk the dog unleashed. Along the way, they see their 5-year-old neighbor Gina in the park. Before Tom could react, the dog rushes up and knocks Gina down. The child hits her head on a concrete block and needs stitches. Because Tom did not have a leash, he had been unable to control the dog in time.

There was no intent to harm, but Tom was negligent by not having his dog on a leash. In effect, but for Tom’s action, Gina’s head would not have been wounded. In Kentucky, a dog owner is liable for any injury or damage caused by the dog. It does not have to be a dog bite, and it does not have to be an aggressive act. The formal term for this is strict liability.

It is important to distinguish between malicious intent and negligence. While both may result in a civil suit, intent is not a requirement in tort law. The plaintiff just has to prove that there was a wrongful act that was the proximate (but for) cause of the injury or damage. In Tom’s case, he was not able to control his dog because he had no leash. Sometimes, it is tragically as simple as that.

If you sustained preventable serious injuries because of the negligent act of a third party, you may be able to get compensation for your loss. Contact a personal injury lawyer in your area to establish the “but for” in your case.

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