An Overview of Vehicular Assault

Posted by on Aug 21, 2016 in Car Accidents | 0 comments

Driving under the influence or DUI by itself already carries stiff penalties and serious punishments. When the drunk driver causes serious harm or injury to another driver, his charges could escalate to vehicular assault. The website of the Nashville criminal lawyers at Horst Law reveals that such offenses may carry a mandatory minimum sentence of two years or up to a maximum of 12 years. This will depend on the number of DUI charges the driver has on their record.

Depending on the state where the offense happened, vehicular assault may either be a felony or misdemeanor. If the accident caused bodily harm to the other driver, they would be charged with felony and may face several years prison sentence aside from paying stiff fines. For more severe consequences, the charge may be reduced to misdemeanor. Regardless of whether the charge is a misdemeanor or felony, the defendant may be sentenced to jail time.

In some states, a DUI driver may be charged with first, second, or third degree vehicular assault. The first degree charge is considered as felony and second and third degree as misdemeanors. Everything will depend on the circumstances and seriousness of the injury incurred by the other driver. A driver who commits reckless driving or who has a BAC of more than 0.18 is guilty of first degree vehicular assault if someone was seriously injured.

If the charge is felony, the driver can be sentenced with probation or imprisonment of more than five years. For misdemeanor, the sentence ranges from probation or imprisonment or one to two years. The punishment will depend on current state laws and other circumstances such as seriousness of injuries, the number of people who got injured, the ages of the injured, and the criminal record of the defendant.

Lastly, a driver charged with vehicular assault is considered as a threat to the safety of other drivers, vehicular assault may also include temporary suspension of the driver’s license. In order to have their license reinstated, the driver may be required to take remedial classes or pay certain fines.

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Georgia Truck Accident Lawsuits

Posted by on May 15, 2016 in Car Accidents | 0 comments

A log truck that overturned and sent logs to block off Newton Road in Albany, Georgia on Feb. 22, 2016 resulted in one man sustaining critical wounds and getting brought to the Tallahassee Memorial Hospital in Florida via helicopter.

According to Georgia State Patrol Trooper Robert Snyder, the truck rocked up on its side through the curve with all the weight bearing on that side, causing the right front tire to burst and the rim to bite down into the asphalt, thereby pushing the truck off the road and scattering its load of logs all across the road.

The website of Ausband & Dumont says that as much as there had been incidents when a truck accident is caused by the negligence and irresponsibility of a truck driver, there are also times when the driver is blameless, and that the accident is caused not because of any wrongdoing on his part. There can be instances when other people may be to blame for the truck accident that transpired; for instance, people who are employed by the truck company who should have been responsible for inspecting and repairing the truck as needed before it makes its journey on the road and may have neglected to do so. The truck’s load may have been improperly positioned on the truck, or the truck may have been manufactured with defective lights, brakes, tires, among others.

In a truck accident lawsuit, a plaintiff, with the help of his legal counsel, should properly identify the proper parties to sue; it is the common mistake of a new plaintiff without prior experience when it comes to litigating truck accident cases to immediately sue the truck driver for the accident. While in most cases, this is the correct action to take, sometimes other parties should also be lodged a lawsuit as well, such as the manufacturer of the truck, mechanics and maintenance companies, the trucking company, the parts companies, among others.

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Traffic Violations on Steroids

Posted by on Nov 10, 2014 in Car Accidents | 0 comments

Most people have had a traffic ticket issued to them at least once in their life, and in general they are minor offenses payable with a fine and perhaps costing you some points on your driving record which will drive your insurance premiums up or get your license suspended. Some examples of civil traffic violations include:

  • Driving on the sidewalk
  • Expired driver’s license less than six months
  • Expired registration
  • Ignoring traffic control signals
  • Running a red light
  • Simple speeding
  • Tailgating

Getting any of these violations sucks and can be expensive but for all that they are civil rather than criminal violations, so you will not need a criminal defense lawyer. Nevertheless, you can certainly challenge the ticket in court with the help of a lawyer if you believe it was unjustified, and you may even get your case dismissed. In some cases, you may be given the option to attend traffic school to avoid the fines and the points on your record.

However, there are certain traffic violations that are much more serious than going 5 miles over the speed limit, or which Florida statutes consider criminal, and for these you will need a lawyer. According to the website of the Flaherty Defense Firm, these criminal violations can be charged as misdemeanors or felonies, depending on the circumstances. These include but not limited to:

  • Driving under the influence (DUI)
  • Driving without a license or with a suspended or revoked license
  • Leaving the scene of an accident

Even having too many unresolved traffic tickets or being a habitual traffic violator can elevate your case to criminal court. For these types of offenses, fines or traffic school are not the only things you could be facing but prison time and license suspension as well. If you fail to show up for court, you will only make things worse for yourself. Retaining a criminal defense lawyer for these types of cases will relieve you not only of worry but the necessity of making court appearances and applying for the reinstatement of your driving privileges, even if only on a limited basis.

Traffic laws can be confusing, so even if you believe you know how to handle it, it would not be a good idea especially for serious traffic violations. Don’t take your chances; hire a competent lawyer to handle your case for the best possible results.

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Liability in Pedestrian Accidents

Posted by on Feb 17, 2014 in Car Accidents | 1 comment

When it comes to car accidents involving an automobile and a pedestrian, the general public immediately assumes that the fault lies on the driver of the vehicle. This may probably stem from the belief that the pedestrian always has the right of way, although in a legal standpoint this is not always correct. There are situations where a pedestrian can be the one at-fault in a car accident, whether wholly or partially.

A pedestrian can recover damages or compensation if the driver is the one clearly at fault for the accident. This compensation will be provided by the driver or his or her insurance company. However, a pedestrian will not be able to get any compensation if he or she carries the burden of fault in the accident, and the driver can even sue them for damages or injuries stemming from the pedestrian:

  • Disobeying traffic signals (crossing the street when the right traffic light is on)
  • Walking on areas where pedestrians are not allowed (such as causeways, bridges, and highways)
  • Coming into highways or streets while intoxicated,  and
  • Jaywalking

According to the website of the Dallas Law Offices of Mark T. Lassiter, when fault is shared between the driver and the pedestrian, different states have their own rules that they follow regarding shared fault in accidents, all based on two basic legal concepts. First is the comparative negligence, where the injured person also has an amount of fault in causing or contributing to the accident. Pure comparative negligence, an injured person will receive compensation, although deductions according to the percent equal to their share of fault will be awarded. A variation called modified comparative negligence gives the injured person the right to collect compensation provided that the injured person has less than 50 percent fault in the accident.

Another type of shared fault is contributory negligence, where any injured person involved in the accident can’t file a lawsuit against one another if they have any contribution to the accident. Basically, if anyone is partially at fault for the accident, both parties will be held accountable for their own injuries and can only file a claim from their own respective insurance company and not against each other.

Determining fault in an accident regarding a pedestrian and a vehicle requires more than witness reports. It also includes explanations from both parties, police findings from the investigations, and applicable laws relevant in the situation. Proving fault can sometimes be difficult, therefore hiring lawyers is required.

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