Shawn E. McDermott - Breaking Legal News

In this DUI news round-up, we review Miguel Cabrera's DUI plea deal, and take a closer look at two cases in which the DUI charges against a Republican congressman and county commissioner were dropped.

Detroit Tigers' Miguel Cabrera Accepts DUI Plea Deal

Miguel Cabrera accepted a plea deal in his DUI case. The first baseman for the Detroit Tigers pleaded no contest to a DUI charge; charges of resisting an officer without violence and having an open container in his car were dropped.

Cabrera, 28, avoided a public trial and jail time by accepting the plea offer. He was sentenced to one year of probation. However, it is possible that he will be granted early termination of his probation after six months.

Cabrera is also sentenced to 50 hours of community service, but he can opt out for $10 per hour. In addition, his license is suspended for six months, he received more than $1,400 in fines, and he is required to attend a victim-impact panel and courses on drunk driving.

The Detroit Tigers star was arrested in Fort Pierce, Florida in February of last year when he was on his way to spring training. According to the police report, Cabrera was on the side of the road next to his Land Rover, which still had the engine running.

The arrest affidavit states that Cabrera had bloodshot eyes, slurred speech, and the odor of alcohol on his breath. Further, it says that Cabrera had an open bottle of James Buchanan's Scotch Whisky and was acting aggressively toward the officers. Cabrera refused to take field sobriety or breath tests, and refused to get into the patrol car upon his arrest.

DUI Charges Against Ohio Rep. Jarrod Martin Dropped

The DUI and child endangerment charges against Ohio state Rep. Jarrod Martin have been dropped; instead, the Republican congressman pleaded guilty to failing to keep the trailer he was hauling in a marked lane, a minor traffic violation.

Last July, the Ohio Highway Patrol arrested Martin in Jackson County after officers saw that the truck he was driving drifted out of its lane and the attached trailer didn't have taillights. When the officers asked Martin to submit to field sobriety tests, Martin refused. This resulted in an automatic one-year suspension of his license, per state law.

The judge in the case found that the officers did not have probable cause to arrest Martin. Martin's attorney says that there was no evidence showing that his client was drinking while driving.

Martin has been fined $150, plus court costs, for the traffic violation.

DUI Charges Against Lincoln County Commissioner Dropped

The DUI charges against Lincoln County Commissioner Terry Thompson have been dropped after lab results showed that there was no alcohol in his system.

Thompson, 66, was pulled over after officers saw him cross the center line and fail to use his turn signal. He submitted to field sobriety testing, including tests that required him to stand on one foot, and walk with one foot directly in front of the other. According to the police report, Thompson did poorly on these tests.

When asked to complete a breath test, Thompson agreed and blew a 0.00. Despite this, Thompson was arrested and charged with driving under the influence.

State crime lab reports have since backed Thompson's claims; results showed that there was no alcohol, controlled substances, or pharmaceuticals in Thompson's system.

Thompson was not charged with any traffic violations relating to the police stop. He has stated that he paid more than $1,500 in legal fees as a result of the DUI charge.

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The capsizing of the Costa Concordia off of the Italian coast has raised questions about the safety and legal protection of passengers that are involved in cruise ship accidents.

The Costa Concordia crashed after the captain of the ship made the unauthorized and unapproved decision to move the ship off course. The ship slammed into a reef and became grounded on Friday night, just three hours into the cruise.

Passengers report mass chaos after the ship crashed and began to list to one side. Muster drills had not yet been held and many passengers have stated that officers were not available to guide them through the evacuation process.

The majority of the ship's 4,200 passengers and crew survived. However, 11 bodies have been found and 24 people are still missing.

The captain of the ship, Francesco Schettino, has been charged with manslaughter, causing an accident, and abandoning ship.

Compensation for Victims of Serious Injury or Death

Cruise ship accident survivors and the families of victims often want to file a lawsuit against the cruise line company to obtain damages for the loss of luggage, medical bills, travel expenses, funeral costs, and mental trauma. However, maritime law limits cruise company's liability in the event of an accident.

According to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, an international maritime law that applies to cruise ships calling on non-U.S. ports, cruise line liability for injuries and deaths is limited to 46,666 Special Drawing Rights per passenger. Special Drawing Rights are an international currency that has a current worth of about $71,000.

Further, because the Costa Cruises line is based in Rome, survivors and victims' families would have to file their lawsuit in Genoa, Italy, and hire an Italian attorney to handle the litigation.

If a ship that is the size of the Costa Concordia had been embarking out of a U.S. port, the cruise line would be liable for $50 million in compensation under a U.S. maritime law that was written in the 1920s. This amount would be split among the injured parties.

Compensation for Survivors

Some legal experts estimate that Miami-based Carnival Corp., which owns Costa Cruises, will only have to offer surviving passengers $500 in compensation for lost luggage, in addition to a refund of the cost of the cruise.

Italian consumer rights association Codacons is seeking a higher amount for passengers, and announced that dozens of Costa Concordia survivors have joined a class action suit against the cruise line.

"Over 70 passengers who were on board the ship have joined the class action initiated by our association," Codacons head, Carlo Rienzi, said. "Our objective is to get each passenger at least €10,000 [$12,773] compensation for material damage and also for ... the fear suffered, the holidays ruined, and the serious risks endured."

If you have been involved in a cruise ship accident, speak to an experienced maritime lawyer for a case evaluation. An attorney can determine if you have a viable case and are entitled to damages.

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Through the years, a handful of wrongful death cases have captured the public’s interest and garnered front-page newspaper coverage while sparking endless debate about the details and merits of each case. Some involved celebrities, some involved defective products that affected many Americans. Below are some of the most famous, or infamous, wrongful death cases ever heard in the United States courts.

OJ Simpson Civil Trial

Without a doubt, the most notorious figure to ever be held financially liable for the deaths of other people is O.J. Simpson, the former football great, actor and sports broadcaster who in 1995 was acquitted on criminal charges stemming from the slayings of his ex-wife, Nicole Brown Simpson, and an acquaintance, Ronald Goldman, in a wealthy suburb of Los Angeles.

After he was found not guilty by jurors in his closely watched and televised criminal trial, which ranks as the longest criminal case in United States history, Simpson was sued in civil court by the Brown and Goldman families for the wrongful death of their loved ones. In 1997, the families were awarded $33.5 million in compensatory damages, an award that Simpson successfully challenged in court. To date, the families report they have received little or no funds from Simpson in payment of the wrongful death judgment.

Guest of CNN Talk Show Host Nancy Grace Kills Self

In September 2006, CNN talk show host Nancy Grace was sued for wrongful death by relatives of a 21-year-old Florida mother who committed suicide days after being confronted on-air by Grace about the whereabouts of the woman’s missing two-year-old son. The mother, Melinda Ducket, was not formally named a suspect in her son’s disappearance, but Grace, a former prosecutor, angrily grilled the mother about what Ducket knew about the boy’s whereabouts. Ducket’s family alleged that Grace intentionally inflicted emotional distress on their loved one by angrily insinuating that she had killed her son, driving the mother to take her own life just hours before her pre-taped appearance on Grace’s talk show was to be aired. In 2010, the case was settled for $200,000.

Killer of Comedian-Actor Sues Anti-Depressant Maker

In 1998, “Saturday Night Live” actor and comedian Phil Hartman was shot to death by his wife, Brynn, who then turned the gun on herself, taking her own life. While the killing shocked television and movie audiences who loved the comedic actor’s impersonations and quirky roles, the crime also surprised members of Brynn Hartman’s family. Her brother sued Pfizer Pharmaceuticals, the maker of the anti-depressant Zoloft, which Brynn was taking for panic attacks, alleging the popular drug drove her to insanity that caused her to shoot her husband and herself. Pfizer agreed to settle the family’s suit for an undisclosed amount.

Ford Motors Sued Over 1970s Pinto Explosions

Ford Motor Company faced wrongful death lawsuits stemming from a series of vehicle explosions that affected its popular Pinto sedans in the 1970s. The Pinto was designed with a rear-facing gasoline tank that could be ruptured in even minor rear-end collisions. Ford’s unsafe design was held liable for the wrongful deaths of motorists and the car-maker eventually recalled the Pinto. In one lawsuit in which a woman was killed and a 13-year-old boy was severely burned, Ford was liable for $2.5 million in compensatory damages and $3.5 million in punitive damages.

Contact a Wrongful Death Attorney

If you have suffered the death of a loved one as the result of the negligent or unlawful actions of another party, you may be entitled to receive financial compensation for your pain and suffering, loss of companionship and other damages. Contact an experienced, knowledgeable and aggressive wrongful death attorney today.

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Brain injuries encompass any serious head injury that results in lasting physical or mental impairment. A brain injury can result from any type of accident or fall, as well as from sports injuries, acts of violence, or poor medical care. If the brain injury is caused by the negligence of another party, the injury victim may be eligible to receive compensation for medical expenses, loss of income, pain and suffering, and other damages.

Brain injury laws vary from state to state, which is why it is important for those who have sustained a brain injury to discuss the circumstances of their injury with a skilled attorney. A brain injury lawyer can help clients navigate the laws surrounding injury litigation and help them to pursue the compensation to which they are entitled.

Brain Injury Overview

There are a number of concerns that brain injury victims may have prior to filing a claim or contacting a lawyer. Below is general information about the causes of brain injuries, the statute of limitations governing brain injury cases, and notable brain injury settlements. For additional information, we have also compiled a list of frequently asked questions about brain injury lawsuits.

Causes of Brain Injuries

Whether on the road or in the workplace, there are a countless number of potential accidents that may result in severe head trauma. Some common causes of brain injuries include auto accidents, poor medical care, falling objects, physical assaults, and falls on slippery surfaces.

Brain Injury Statute of Limitations

As with other lawsuits, a brain injury lawsuit must be filed within a given amount of time after the discovery of the injury. This time limit is referred to as the statute of limitations. The case must be filed before the statute of limitations expires; otherwise, generally, the victim or his or her family forfeit the right to pursue legal action. A skilled personal injury attorney can advise clients of the brain injury statute of limitations guidelines in their state. The attorney will also assist clients in proving fault in a brain injury case, which is the most essential component of any successful case.

Notable Brain Injury Verdicts and Settlements

There have been a number of notable brain injury verdicts and settlements in legal history. Though the amounts vary from case to case, compensation has been awarded for various damages in a brain injury case. A lawyer will be able to assess your case and help you pursue compensation for damages.

Types of Brain Injuries

Brain injuries are classified according to the type of head trauma sustained as well as the severity of the injury. The classification of a brain injury will influence how an attorney prepares a case, as well as the types of damages that will be sought.

Open Head Injury and Closed Head Injury

Injuries to a person's head are classified as either open or closed. A closed head injury occurs when the brain impacts against the inside of the skull. An open head injury occurs when the skull is fractured or penetrated by a foreign object.

Traumatic Brain Injury (TBI)

A traumatic brain injury (TBI) occurs when physical trauma to the head causes serious brain damage.  In some cases, a traumatic brain injury can lead to permanent physical or mental impairment and may also cause the victim to go into a coma.

Find a Brain Injury Lawyer in Your Area

If you or a member of your family has sustained a brain injury due to someone else's negligent actions, it is important that you meet with an attorney for an evaluation of your case. Use LawyerShop's directory of legal experts to find a skilled brain injury lawyer near you.

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Read about recent multi-million dollar settlements and verdicts that have been awarded in car accident, motorcycle accident, and trucking accident cases.

School Bus Accident Victim Awarded $14 Million

A Bucks County jury awarded a Pennsylvania woman $14 million for the serious injuries she sustained after being hit by a school bus in January of 2007.

Ashley Zauflik, now 21, was exiting Pennsbury High School when a school bus jumped the curb and crashed into a group of students. Zauflik suffered the most severe injuries, including the loss of her left leg above the knee, internal bleeding, a shattered pelvis, and multiple bone fractures. An additional 16 students were injured in the accident.

An investigation that was conducted by the National Transportation Safety Board and Falls Township police concluded that the accident was caused by driver error; according to both agencies, the bus driver accidentally hit the gas pedal instead of the brakes. The bus driver maintains that mechanical problems were to blame.

After a four-hour deliberation, the jury awarded Zauflik almost $3 million for past and future medical expenses, as well as $11.1 million for pain and suffering.

However, a state law limits local government, including school districts, liability in civil suits. According to the 30-year-old law, $500,000 is the maximum that can be awarded.

Attorneys for the school district say they intend to file a motion to modify the award so that it is in line with the cap set by the state; Zauflik's attorney plans to oppose that motion.

Missouri Family Awarded $7 Million in Semi-Truck Accident Case

A $7 million verdict has been awarded to the family of a truck driver who died after the commercial vehicle he was driving was struck by a semi-truck.

Roger Reagan was killed when a semi-truck driver for Dunaway Timber Company went across the center line and clipped a Jeep Cherokee, hit a Kia head-on, and crashed into the cab of Reagan's truck.

After the collision, Reagan was trapped in the truck; during his escape, he fell from the truck and was caught in fiery conditions beneath. Reagan died about an hour later.

The defense focused on Dunaway Timber Company's driver screening practices, as well as the qualifications of their driver. According to evidence presented by the defense, the driver had lied on his job application and previously received two license revocations.

Buffalo Motorcyclist Obtains $5 Million Settlement

A Buffalo man will receive a $5 million settlement for a motorcycle accident that left him paralyzed from the chest down.

William Hardy, 24, was riding his motorcycle when it hit a car that was making a U-turn in front of him. Hardy was thrown off of the bike, flew about 50 feet into the air, and struck a parked car. At the time of the accident, he was on the job, running errands for the Bailey Prescription Center.

The insurance company of the driver of the other car and the Bailey Prescription Center will cover the costs of the settlement.

If you have been injured in an accident, consult a personal injury attorney as soon as possible for a review of your case. You may be entitled to damages.

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A $10 million settlement was awarded to the family of a courthouse employee who died of a form of cancer that is caused by asbestos exposure; according to the lawsuit, the county and a contracting firm were liable for the improper handling of asbestos at the Jackson County Courthouse in Kansas City.

Nancy R. Lopez, an employee of the courthouse since 1975, died of mesothelioma at the age of 56. Mesothelioma is a rare and dangerous form of cancer that is caused when people inhale asbestos fibers that are in the air, over a long period of time.

Lopez and her attorney filed the lawsuit in March of 2010, claiming that the contracting firm U.S. Engineering did not follow the guidelines established by the Environmental Protection Agency and Occupational Safety and Health Administration when it completed demolition, maintenance, and renovation projects on the building in 1983 and 1984. As a result, the lawsuit alleges that asbestos particles were released into the air and continued to be present for several years.

Mesothelioma is associated with a long latency period and patients generally don't exhibit symptoms of the disease until 15 to 20 years after their initial exposure. By then, the cancer has progressed to it later stages. Lopez was diagnosed with mesothelioma in April of 2009; she died of the disease in October of 2010.

Buchanan County Circuit Judge Patrick Robb approved the terms of Lopez's settlement on November 18. Jackson County will pay $400,000 and U.S. Engineering will pay $10 million.

Lou Accurso, the plaintiff's attorney stated that the settlement offers "some measure of justice to the family."

The chief financial officer for U.S. Engineering maintained in a written statement that the company doesn't think that their work caused Lopez's condition.

"After consulting with our counsel and insurers, we settled this case to bring closure for both us and the Lopez family, to whom we express our sympathy," said Bill Richards.

A Jackson County spokesman declined to comment on the case.

A separate class action suit was filed in March of 2010, on behalf of the courthouse's employees, the employees' families, and visitors to the courthouse. Like Lopez's suit, the class action filing claims that asbestos fibers were released into the interior of the building during U.S. Engineering's 1983 renovation project at 415 E. 12th St. The class action case is being presided over by a different judge and is still pending.

If you or a loved one has been diagnosed with mesothelioma, or another asbestos-related disease, contact an experienced mesothelioma attorney for legal assistance as soon as possible. A skilled attorney can help you seek justice against the person or party that is responsible for the asbestos exposure. You may be entitled for financial compensation for medical bills, loss of wages, and pain and suffering.

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There are many factors that can contribute to car accidents; however, the most common cause is irresponsible driver behavior. When a driver’s negligent driving behavior causes an accident with another vehicle, the injured person may be eligible to receive compensation. If you or a loved one has been injured in an auto accident, an experienced attorney can help you determine if negligent driver behavior was to blame.

The most common causes of auto accidents include:

Excessive Speed

According the National Highway Traffic Safety Administration (NHTSA), speeding is one of the main factors contributing to auto accidents. Even traveling 5 miles over the speed limit can greatly increase your chances of being involved in an accident.

Driving Under the Influence

Drunk driving is also a main cause of auto accidents. In fact, the NHTSA estimates that alcohol was involved in 9 percent of all crashes and 41 percent of fatal crashes in 2006.

Inattentive Driving

Talking with other passengers or on a cell phone, changing radio stations, looking at scenery, or other actions that take the driver’s attention from the road can all cause accidents. In addition, when an accident has already occurred, “rubbernecking”, or looking around to see the aftermath of the accident, can lead to additional car accidents.

Driving while Drowsy

According to the NHTSA, drowsy driving leads to thousands of auto accidents each year. Because these crashes often occur on high-speed roads and the driver doesn’t attempt to avoid the accident, these accidents tend to be very serious. The driver is often drowsy due to sleep loss, or is under the influence of sedating medications or alcohol.

Aggressive Driving

Behaviors such as tailgating, preventing other drivers from moving their vehicles, or flashing the headlights at another driver when annoyed are all classified as aggressive driving, which can lead to accidents.

Road and Weather Conditions

Inclement weather conditions, icy roadways, and low visibility, can also lead to auto crashes which can often involve multiple vehicles.

Mechanical Failure

Although driver behavior is to blame for many auto accidents, some are due to a mechanical defect, such as a faulty tire design or flaw in the breaking systems. An experienced auto accident lawyer can determine if a mechanical problem is to blame for your accident and hold the responsible party liable.

Consult an Auto Accident Attorney near You

If you have been injured in an auto accident, an experienced attorney can help you determine who is responsible and pursue the compensation you need to move on with your life. You can visit LawyerShop.com to find an auto accident attorney near you.

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In this DUI news roundup, we take a closer look at the DUI cases involving a high school principal, Nickelodeon actor, and manager at a local Alabama newspaper.

Case One: Negative Breath and Urine Test Results

The DUI charge against a Florida high school principal has been dropped because the urine sample came back negative after it was tested for the presence of alcohol and drugs.

John Westmoreland, 60, was arrested on suspicion of drunken driving after a police deputy stated that the principal's vehicle had been drifting in and out of its lane. The deputy also wrote that the "defendant's eyes were slightly bloodshot and glassy and his face was flushed," in the official police report.

Westmoreland agreed to undergo field sobriety testing and a Breathalyzer test. According to the police report, Westmoreland failed the field sobriety testing but recorded a .000 on two Breathalyzer tests. He then submitted to a urine analysis, which tested negative.

Since the urine and breath tests failed to detect alcohol or drugs in his system, the state attorney's office elected to drop all of the charges against Westmoreland.

Case Two: Defendant Agrees to Reduced Plea

The DUI charges against one of the star's of Nickelodeon's (canceled) Gigantic have been dismissed after the defendant agreed to the reduced plea of alcohol-related reckless driving, which is a misdemeanor.

Ryan Rottman, 27, was arrested for drunken driving in July after he got into a car and jumped a curb in Hollywood. A police officer that witnessed the incident pulled Rottman over and smelled the odor of alcohol coming off of Rottman.

According to the police report, Rottman failed field sobriety testing. He then took a breath test, which reported a 0.19 percent blood alcohol content (BAC) on the Breathalyzer. A 0.08 or more BAC is considered intoxicated under California state law.

The reduced plea got Rottman a lighter sentence, which includes three years of probation, a $390 fine, and a three-month alcohol education course.

Case Three: Reduced Plea, Dismissed Traffic Ticket, Arresting Officer No Longer Employed

The DUI charge against the online sales manager of the Gadsden Times, a local Alabama newspaper, has been dropped; instead the defendant pleaded guilty to open container and improper lane usage charges.

James Howard "Jim" Hyatt Jr., 48, was arrested last July and charged with drunken driving, driving with an open container law, improper lane usage, and stopping in the middle of the road in July.

The city prosecutor working the case elected not to charge Hyatt with a DUI because the arresting officer involved in the case no longer works in the city. Additionally, according to court records, the traffic ticket for stopping in the middle of the road was dismissed.

Hyatt's arrest stemmed from an incident in which a police officer saw him driving his Range Rover in oncoming traffic, and then ran the vehicle off the side of the road. When the officer pulled Hyatt over, he got out of his vehicle and started walking toward the officer. The officer commanded Hyatt back to his vehicle. Upon returning to his vehicle, Hyatt appeared to reach under the seat of the car. The officer held Hyatt at gunpoint until additional officers arrived.

When backup arrived, Hyatt underwent a breath test and blew a 0.39 percent BAC in the field. This figure was later adjusted to 0.29.

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In the event of a car accident, it may be possible for individuals who have been injured to file civil claims against the negligent party for damages. However, it is important to note that any potential plaintiff has a limited amount of time from the occurrence of the accident in which to undertake legal action. In civil cases, a statute of limitations sets forth the amount of time that can pass after an event before a potential plaintiff permanently waives his or her rights to legal compensation.

Preparing Your Claim

If you or someone you love has been injured in a car accident, you should seek legal counsel as soon as possible. Trying a civil case successfully can require a great deal of preparation, including investigating the accident, seeking out and interviewing witnesses of the accident, and devising an effective legal strategy. Such preparation can take a significant amount of time. If you fail to seek legal counsel regarding your case in a timely manner, it is possible that the statute of limitations may expire before your claim can be formally filed.

How to Determine the Statutes of Limitations in Your State

Though civil claims involving personal injury typically must be filed within two years of the occurrence of an accident, the time period in which a party injured in a car accident can file a claim for damages varies state-to-state. The best way of determining how the statute of limitations affects your case is to speak with a personal injury attorney serving your area.

Find a Car Accident Attorney

At LawyerShop, you can find a lawyer in your area using our extensive, easy-to-use directory. If you would like to speak with a lawyer regarding an auto accident case, or you have questions regarding the statute of limitations, we invite you to search for a lawyer near you. A qualified and experienced attorney can review your case, advise you of your options, and protect your rights.

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Florida prosecutors have decided that the breath test results in about 100 pending DUI cases in Sarasota and Manatee counties will not be included as evidence after it was revealed that faulty devices were producing inaccurate measurements.

Last Saturday, the Sarasota County Herald-Tribune reported that the Intoxilyzer 8000s was incorrectly measuring the flow of breath that was going into these devices. The following day, the state attorney's office began reviewing the hundreds of DUI cases that may be affected by the problematic devices.

According to the Herald-Tribune article, the Florida Department of Law Enforcement began fixing the flawed devices back in January before putting them back into service. However, they failed to record how far off the measurements were, and did not notify those who may have been wrongfully convicted or punished as a result of flawed testing.

In order to work correctly, breath-testing devices must accurately measure breath volume. The first 1.1 liters of breath typically comes from the esophagus, throat, and mouth; a sample this small may produce artificially inflated results. If the breath-testing machine measures the first liter of breath as two liters, the device is reading a bad sample. On the other hand, if the device reads that one liter of breath has entered the device, when in reality it was two, officials could determine that the driver refused to provide enough breath volume. This could result in an automatic loss of a person's driver's license.

Inspectors have checked 231 Intoxilyzer 8000s machines so far, and found that 40 percent of them are not working properly. They may have been in service for as long as five years because state officials have not sufficiently tested the devices within that time period.

One of the faulty Intoxilyzer 8000s machines was located at Sarasota County's South County jail in Venice and has been ruled unreliable by a county judge. This device reported that driver's with an estimated maximum lung capacity of five liters blew up to 12 liters of breath into the device. The breath test results will not be used in about 50 of the 230 current DUI cases that involve use of this particular machine.

Prosecutors will not use breath-testing results as evidence in 32 other Sarasota County DUI cases. These cases involved the use of three devices, two that were kept in patrol cars and used by officers out on duty, in addition to one backup machine.

In total, the flawed machines affect about one in three pending DUI cases in Sarasota County.

In Manatee County, prosecutors are still trying to determine how many pending DUI cases the faulty machines involve. According to Assistant State Attorney Heather Doyle, very few cases will be affected, as the only flawed machine in use was a backup device.

The 12th Circuit State Attorney's Office is now sending out letters to defendants that were tested on the faulty machines; the letters state that the machines were not working correctly and the breath testing evidence against them will be dropped from their cases.

Sarasota County DUI defense attorneys were the first to raise concerns about the implausible breath testing results; they are currently pushing to have all cases involving the Intoxilyzer 8000s, past and present, overturned or dropped.

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Mesothelioma, like all forms of cancer, is a loathsome disease.  With a single diagnosis, lives are thrown into chaos and confusion.  If you have mesothelioma, you probably experience an enormous range of emotions, from anger to sadness, on a daily basis.  After all, no one ever expects to be diagnosed with cancer, least of all one as rare as mesothelioma.  Cancer may be many things, but fair it is most certainly not.

The emotional and psychological turmoil created by a mesothelioma diagnosis can be overwhelming, for victims and their families alike.  You do not, however, have to face your disease alone.  There are people who can provide you with the compassionate, empathetic support you need.  Some are trained professionals; others are people who are going through the same challenges you now face.

At LawyerShop.com, our goal is to provide a bridge between you and the resources you need to cope with your disease.  For legal help, we urge you to contact a mesothelioma attorney today.  For counseling and psychological support, we encourage you to consider the following resources:

Psychologists/Cancer Psychologists

During this tumultuous period of your life, a professional psychologist can give you a safe, confidential environment in which to express your frustrations, fears, and anxieties.  He or she can help you give voice to your emotions and explore the issues underlying them.  The purpose of a psychologist is neither to judge nor to diagnose serious mental disorders, but rather to provide guidance as you navigate the complex, sometimes distressing emotions and thoughts with which you have suddenly found yourself confronted.

Many people are surprised to learn that there is a branch of psychology devoted entirely to helping those diagnosed with cancer.  A cancer psychologist applies the same principles that any other clinical psychologist would; however, he or she will have special training and experience in helping cancer sufferers cope with their disease.

Psychologists should not be confused with psychiatrists, who diagnose and treat more severe mental disorders and can prescribe medications.  While a cancer diagnosis will generally produce feelings of deep sadness and depression, the vast majority of cancer patients are not driven to mental illness.

Cancer Support Groups

Because mesothelioma is a relatively rare form of cancer, local mesothelioma support groups are extremely uncommon.  However, the Mesothelioma Applied Research Foundation (www.curemeso.org) does offer monthly telephone support groups.

Wherever you live, however, there are almost certainly general cancer support groups within reasonable driving distance.  Even if you are the only person in the group to have been diagnosed with mesothelioma, you will have the opportunity to speak with people who are going through similar emotional, psychological, and physical hardships.  You may have to try out a few different support groups to find the one best suited to you; however, once you find a group you feel comfortable with, you will likely find the support you receive invaluable.  You may even make some of the best friends you have ever had at a time when you need them the most.

Spiritual and Religious Support

Some people who are diagnosed with cancer are more likely to turn to religion for support; some find themselves questioning their spiritual beliefs.  Whatever your religious beliefs, you may find comfort in turning to a spiritual leader within your community, such as a priest, a pastor, a rabbi, a monk, a nun, or an Imam.  If you are not inclined toward religion, you may still find some psychological and philosophical benefit in speaking to a spiritual authority.

Contact a Mesothelioma Attorney for Legal Support

A lawyer who is experienced in handling mesothelioma lawsuits will be able to guide you through the often confusing legal process, helping you to obtain the compensation to which you are entitled so that you can focus on your psychological and emotional health.  Contact a mesothelioma attorney today for further information on your legal rights and options.

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Authored and submitted by Assemblyman Gil Cedillo (D) and Michael Allen (D), California AB353 is a new bill that aims to restrict punishments at DUI checkpoints for individuals found guilty of non-DUI related crimes, as well as requires advanced notice of DUI checkpoints. The bill is being met with harsh criticism by police agencies, who argue the proposed measures make DUI checkpoints less effective.

The bill, which is before Governor Jerry Brown for approval, would require law enforcement agencies to provide two hours advanced notice of the specific location of DUI checkpoints and 48 hours advanced notice of the general location. Motorists would also be allowed to make a safe, legal turn away from the checkpoint route in order to avoid it - something that is currently not allowed. Assemblyman Michael Allen has proposed these changes be implemented because of the nature of existing DUI checkpoints. Though their purpose is to reduce incidences of drunk driving and detain those who are caught driving under the influence of drugs or alcohol, more drivers are detained for infractions relating to their driver's license than alcohol. The measures he is aiming to implement, his spokesman states, is to keep DUI checkpoints focused on drunk driving infractions and to ensure checkpoints follow uniform guidelines, of which there are currently already several in place, including:

• DUI checkpoints cannot be used to conduct vehicle inspections, or cite motorists for vehicle-related infractions.
• The location of a DUI checkpoint should not be arbitrary; it should be based on high occurrences of DUI infractions in a particular area.
• Police officers are not free to stop individuals that they suspect of being under the influence of drugs or alcohol or in violation of other laws; either all vehicles must be stopped or vehicles must be stopped utilizing a neutral methodology.

California AB353 would place additional guidelines on DUI checkpoints to reduce citations of individuals who are not driving under the influence of controlled substances and to greatly reduce punishment for those who are. Currently, drivers without valid licenses are subject to immediate arrest and a 30-day impound of their vehicle. The new measurement would restrict a police officer's right to arrest individuals and place their automobiles in impoundment.

Police agencies are in opposition to the measurement, as they believe it takes away from their ability to properly carry out their duties, and makes DUI checkpoints far less effective. Sebastopol Police Chief Jeff Weaver is quoted in the Petaluma 360 as saying the measure is a bad idea. "Because of the way this law is written, it would allow multiple-time unlicensed drivers to avoid the impoundment of their car." Petaluma Police Chief Dan Fish indicated that the new restrictions would impede the checkpoint's ability to detain drunk drivers, and new rules requiring advanced notice, and allowing for motorists to avoid the checkpoints altogether, were detrimental. "Drunk drivers are not going to drive through the checkpoints; they're going to drive somewhere else."

The bill is currently under consideration, and has been proposed to Governor Jerry Brown. He has until October 9th, 2011 to authorize or veto the bill.

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A former Marine that was seriously injured when a flatbed truck hit the motorcycle that he was riding has been awarded a $3.85 million accident settlement, the majority of which will be paid by the national restaurant chain Applebee's.

David M. Combs, 51, was riding his motorcycle when a flatbed truck came around a corner and struck his Harley Davidson. Combs suffered serious injuries, including the amputation of his right leg, severe internal injuries, and fractured bones. He has since undergone several surgeries to repair the damage caused by the accident.

"I was a power lifter and body builder before this happened," Combs, who mostly relies on a wheelchair to get around, said. "Now my arms are pretty much useless. What I used to do with 50- or 60-pound dumbbells, I now do with five or 10 pounds."

The driver of the truck, Michael C. Clark, was found to have a .19 blood alcohol level after the crash occurred. According to court documents, he had consumed three whiskey and 7-Ups in one hour at a nearby Applebee's prior to the crash.

The Settlement

After the accident, Combs filed suit against Clark, Applebee's, and the owner of the flatbed truck, Kimberly Ward. Last month, the parties named in the suit agreed to the $3.85 million settlement.

In affidavits for the case, Kimberly Ward maintained that she was not aware that Clark was driving her truck at the time of the accident. Nevertheless, her insurance policy will cover $100,000 of Comb's settlement.

Applebee's is responsible for $3.75 million, the vast majority of the damages in the lawsuit. Because the restaurant chain elected to settle the case, they will avoid a potentially costly trial in which the plaintiff's attorneys would try to show that Clark was clearly intoxicated while being served alcohol. The attorney that handled the case for Applebee's had no comment on the settlement.

Clark's Testimony and Punishment

Clark said in a sworn deposition testimony that he had not been drinking prior to consuming alcohol at Applebee's.

However, Heather Long, the director of Medical Toxicology for Albany Medical Center, found that Clark registered the .19 blood alcohol content (BAC) more than two-and-a-half hours after leaving the restaurant. She calculated that his BAC was probably between .23 and .296 percent when he left Applebee's. This indicates that Clark had more than three drinks.

"If you serve a visibly intoxicated person and that person injures a third person, you are legally responsible for their actions," said David Everett, Combs' attorney.

Although Clark is not responsible for covering any portion of the monetary settlement, he is serving a one-and-a-half to four-and-a-half year sentence for the felonies he committed: first-degree vehicular assault, second-degree vehicular assault, and aggravated vehicular assault.

But Clark's jail time and the monetary settlement do not provide Combs with closure.

"The guy that ran me over is going to get out, and he is probably going to kill someone next time," Combs said. "What the money means is that I will not lose my house. I'll never be the person I was before this."

If you have been injured in an accident, it is in your best interest to consult an injury attorney as soon as possible. An attorney can review your case and determine if you should move forward with legal action.

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Settlement Awarded in Cruise Ship Death Case

The family of a Florida man who died of a heart attack while on a gambling cruise has reached a confidential settlement with the defunct cruise line that was named in the personal injury lawsuit.

Fiping "Phil" Racoma, 77, was sailing on a daylong casino cruise on the Palm Beach Princess on October 7, 2009 when he suffered a heart attack near a craps table at 3:25 p.m.

Racoma's daughter, Leilani Racoma-Lessnau, and his widow filed a lawsuit against the cruise line that operated the ship. In the suit, they claimed that Racoma could have been saved if the ship had been carrying a defibrillator and if the ship's primary engine had been active.

Racoma's death occurred just before the cruise line filed for bankruptcy due to monetary, employment, and mechanical problems that plagued the company.

Although the cruise line company filed for bankruptcy, Racoma family attorney Craig Goldenfarb said that damages could be recovered through the cruise line's insurance policy.

Although the details of the settlement are private, Goldenfarb stated that the award will help Racoma's widow.

Royal Caribbean Accounting Error Results in Class Action Suit

Royal Caribbean shareholders have filed a class action lawsuit against the cruise line over an accounting error.

Royal Caribbean Chairman Richard Fain said that the company's internal accounting team found an error that was made in 2009. The error resulted in inflated earning statements.

The errors and revised financial statements were revealed last month. According to Royal Caribbean, the company's second-quarter earnings per share of 47 cents was updated to 43 cents, while the full-year of 2011 earnings would be decreased by 20 cents.

The class action lawsuit, which was filed in U.S. District Court in Miami, says that Royal Caribbean shares dropped 13 percent on July 28, the same day that the company went public with the accounting error. It also claims that the company made "a series of materially false and misleading statements related to the Company's business and operations," and that the July 28 announcement "revealed for the first time that it was performing below expectations."

The lawsuit was filed on behalf of shareholders that purchased stock between Jan. 27 and July 28, 2011.

Carnival and City of Charleston Locked in Legal Battle

Carnival Cruise Lines is still engaged in a legal battle with Charleston, South Carolina residents and environmental groups that allege the cruise line violates city sign and zoning ordinances.

The Southern Environmental Law Center filed a lawsuit against Carnival in Charleston County Court of Common Pleas on June 13. The suit is filed on behalf of the Coastal Conservation Society, Preservation Society of Charleston, and some of the area's neighborhood associations.

The suit asserts that Carnival's cruise ships are a public nuisance and break local environmental laws; it also claims that Carnival's ships should follow the same zoning laws as hotels and other large buildings. Further, the lawsuit challenges Carnival's use of Union Pier, stating that the company should be blocked from using it.

Carnival responded to the suit earlier this month, requesting that a judge dismiss the lawsuit. Attorneys for the company say that state law does not allow local government to establish zoning laws that could conflict with the South Carolina State Ports Authority.

In addition, Carnival claims that passenger ships have used Union Pier for more than 100 years, while local zoning regulations were enacted in 1996 or later.

Both parties are waiting to hear the judge's decision on the matter.

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A U.S. military veteran that developed mesothelioma after being exposed to asbestos during his time with the Navy was awarded $32 million in his mesothelioma lawsuit.

The jury found that Ronald Dummitt, 68, developed pleural mesothelioma after being exposed to asbestos when he was working as a fireman and boiler tender aboard seven different Navy ships from 1960 to 1977.

Further, the jury determined that the asbestos exposure occurred when Dummitt was repairing valves that were manufactured by Crane Co. This work involved the removal and replacement of gaskets, lagging pads, and packing, all of which contained asbestos fibers.

In addition, the jury found that Dummitt was exposed to asbestos-containing materials when he was removing and replacing lagging pads and manhole gaskets on deareating feed tanks manufactured by Elliott Turbomachinery Co., Inc.

After deliberation, the jury awarded Dummitt $16 million for past pain and suffering and $16 million for future pain and suffering; they found that both Crane Co. and Elliott Turbomachinery Co., Inc. acted recklessly in failing to warn product users about the dangers of asbestos exposure.

The jury assigned the majority of the fault, 99 percent, to Crane Co., and assigned 1 percent of the responsibility to Elliott Turbomachinery Co., Inc.

"While no amount of money can restore Mr. Dummitt's health, this verdict is just, and it represents all that we can do to set things right. The jury identified the culprits and the degree to which they contributed to his fatal disease, and to that extent, the truth prevailed," Dummitt's attorney stated.

The nine-week trial of Ronald Dummitt and Doris Kay Dummitt v. A.W. Chesterton, et al. (No. 190196/10) took place in the Supreme Court of New York, New York County before Judge Joan Madden.

The plaintiff's attorneys presented a wealth of evidence during the trial, including the testimony of an expert in occupational medicine, a public health expert, and a materials analyst. These experts detailed how Dummitt developed mesothelioma, and how the incurable cancer has affected Dummitt's life.

Mesothelioma is an aggressive type of cancer that has a long latency period. Once the symptoms of mesothelioma are presented, the cancer has typically progressed to its later stages. This diminishes patients' chances of successful treatment and recovery.

There are three types of mesothelioma: pleural, pericardial, and peritoneal mesothelioma. Pleural mesothelioma affects the lining of the lungs. It is the most common type of mesothelioma, accounting for about 75 percent of mesothelioma cases.

All forms of mesothelioma are caused by exposure to asbestos. Asbestos is naturally occurring mineral fiber that was used in many building materials until the U.S. Environmental Protection Agency banned use of the material in 1989. Unfortunately, there are still thousands of mesothelioma victims getting diagnosed with the disease today. Many of these victims were exposed to the dangerous substance in the 1960s, 70s, and 80s.

If you or a loved one has been diagnosed with mesothelioma, contact an attorney as soon as possible to learn more about your legal options. An experienced lawyer may be able to obtain compensatory damages for you and your family.

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The DUI charge against former NFL running back Mike Adamle and current Chicago sportscaster has been dismissed; a blood alcohol test showed that he was well under the legal limit set for driving while under the influence of alcohol.

Adamle, who is currently employed as a sportscaster for a Chicago news station, was pulled over at 1:00 a.m. on January 10 after allegedly disobeying a stop sign. He was fined $100 for that offense. During the traffic stop, the police officer claimed that Adamle displayed erratic behavior and failed field sobriety testing.

Adamle submitted to a breath test, which registered a blood alcohol level of 0.04 percent; he also underwent a blood test, which showed his blood alcohol level at 0.039 percent. According to Illinois law, a 0.08 percent blood alcohol level or more can result in a DUI charge.

"I couldn't have been more cooperative," Adamle said. "I did everything they asked me and then some."

During Adamle's brief court hearing, Cook County prosecutors decided to dismiss the DUI charges against Adamle since both the breath and blood tests showed that he was under the legal limit.

On their own, failed field sobriety tests typically do not provide adequate evidence of intoxication. Their validity and reliability can be called into question if the test was not administered properly, the suspect is too old or has a medical condition that precludes them from passing the test, or the results are interpreted incorrectly. In this case, the police officer's report that Adamle displayed erratic behavior and failed field sobriety testing did not provide prosecutors with enough evidence to pursue the DUI charge.

Although the driving under the influence charge was dismissed, Adamle says that the arrest and media attention damaged his reputation, resulting in the loss of several speaking engagements.

Adamle attended Northwestern University where he played football for the Wildcats. In 1971, he was drafted to the Kansas City Chiefs in the fourth round. He went on to play with the New York Jets, before returning to the Midwest to play for the Chicago Bears. His NFL career lasted seven years.

After retiring from the NFL, Adamle was hired as an on-air host and sideline reporter for NBC sports. He has since worked as a sideline reporter for ABC, as a co-host of the popular TV show American Gladiators, and as a sideline reporter and host for ESPN. Adamle is currently a full-time sportscaster with NBC 5 Chicago.

Prior to his drunk driving arrest, Adamle had a clean record and good public image. In 2007, he received the Personal Achievement Award for his work with the Epilepsy Foundation. In 2009, at the age of 60, Adamle completed his second Ironman Triathlon in just over 14 hours.

Adamle has publicly stated that he doesn't understand why he received the DUI charge since breath and blood tests showed that he was at half the legal limit.

"What they did was really incorrect," Adamle said. "When you go to Wikipedia and see that under your biography, you have to do something about that."

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A settlement has been reached in a motorcycle accident lawsuit that was filed on behalf of a police officer against the city of Montgomery, Alabama.

Corporal David Brown was on his motorcycle providing traffic control for a funeral procession in September of 2010 when he was hit and seriously injured by a car that pulled out of the motorcade. Shortly after, the ambulance that was transporting Brown to the hospital was involved in an accident and overturned.

Brown has since undergone extensive medical treatment and numerous surgeries, including the amputation of his left arm at the elbow and right leg at the knee.

In October of 2010, the Brown family filed a lawsuit against the city of Montgomery to obtain workers' compensation benefits. In the suit, Brown acknowledged that he was working as an off-duty officer on the day of the accident, but claims that he had the "permission, knowledge and approval of the City of Montgomery Police Department," and that he was providing service for the "benefit of the department and citizens of Montgomery."

That same month, the city denied Brown's workers' compensation claim, saying that he was working on a private job with the funeral company, and that Brown was not actually on-duty when the accident occurred.

Montgomery County Circuit Judge Tracy McCooey overturned the city's ruling in March, saying that Brown was entitled to benefits and that a hearing would be scheduled to work out the details. City officials responded by saying that they would fight the ruling.

Now, court documents show that Brown has requested that the lawsuit be dismissed; Judge Tracy McCooey granted the dismissal last Wednesday.

The mayor of Montgomery, Todd Strange, and Brown's brother announced on Thursday that a settlement had been reached between the two parties.

"Once we got around the table and were able to have free and open discussion, it became clear that workers' compensation may not have been the best option for David," Strange said.

Brown will receive retirement benefits instead of workers' compensation benefits. According Strange, the differences between the two plans are nominal. However, the retirement package will offer more of a benefit to Brown's family. Brown, his wife, and his daughters will receive health and life insurance through the plan. Additionally, all of Brown's medical costs relating to the accident will be covered by the city.

Brown is set to officially retire on August 8; he is a 19-year veteran of the Montgomery Police Department.

This motorcycle accident lawsuit illustrates how difficult it can be to successfully litigate a claim. If you have been injured while on the job, or in any accident that was caused by another person's negligence, it is in your best interest to consult a qualified personal injury attorney as soon as possible. An experienced attorney will reconstruct your case to determine who is at fault and liable for the accident; they will also deal with workers' compensation and insurance investigators to ensure that you receive the damages that you deserve. Contact an injury lawyer today for a review of your case.

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Washington State's DUI impound law went into effect last Friday, requiring police officers to tow vehicles driven by those that are cited for drunk driving.

The towing company must hold the vehicle for a minimum of 12 hours. However, there are three exceptions in which the vehicle could be reclaimed within 12 hours of the arrest.

The first is if the owner of the vehicle is not the arrested person, the owner can retrieve the vehicle at the towing company.

The second is if the vehicle is co-owned by another person, the person that was not arrested can pick up the vehicle at the towing company.

Finally, if the vehicle in question is used for commercial or farming purposes, the legal owner can retrieve the car at the site of the arrest, as long as the owner is not the person that was arrested.

The DUI impound law was approved by the 2011 legislature, in an effort to provide police officers with the ability to keep those suspected of drunk driving away from their vehicles while the effects of alcohol wear off.

Before the DUI impound law was put into place, the courts would not allow police officers to impound vehicles without the owner's permission. In addition, many jurisdictions lack the jail space to hold those arrested for DUI.

Because police officers could not impound the vehicles of those arrested for DUI, they would allow a sober family member or friend to pick up the vehicle. Unfortunately, when the person charged with DUI was not held in custody, the protocol allowed these individuals to get back behind the wheel of their car before they had enough time to sober up.

"This is about making sure that impaired drivers don't return to their cars and drive again before they've sobered up," said State Patrol Chief John R. Batiste. "This isn't about trying to punish someone for driving drunk. If they're found guilty that will become the court's job."

In 2007, a female driver that was cited by police hours earlier for DUI returned to her car and got into an auto accident. The person that she hit was seriously injured and filed a lawsuit against Whatcom County and the State Patrol; the victim in the suit was awarded $5 million.

States have been enacting a number of laws to punish those that are arrested and convicted of driving under the influence of alcohol or drugs. In addition to impounding vehicles, many states require people that are found guilty of DUI to pay various fines, do jail time, commit to several hours of community service, use an ignition interlock device (IID) on their vehicle, and lose their licenses. These penalties can make it difficult for those charged with a DUI to maintain their jobs and livelihood.

If you have been charged with drunk driving, it is in your best interest to contact a qualified DUI attorney to represent you in your case. An attorney may be able to get your charge reduced or overturned.

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Penalties for driving under the influence of alcohol start out harsh and become progressively more so upon subsequent incidents. And most states will zealously prosecute drunk driving cases. A qualified DUI/DWI defense lawyer can help you understand your DUI situation and may be able to minimize your DUI penalties.

Fines

All DUI penalties vary depending on your state, if federal charges are involved, if it is a first offense, and if any additional crimes took place during the incident. In many states, a separate case is made by the Department of Motor vehicles to determine your future driving privileges. Fines can cost thousands of dollars.

Restricted Driver's License

If you are charged with DUI and your driver’s license is suspended, you may be eligible for a restricted driver’s license. This license would allow you to drive only to certain activities or locations, such as your job or to an alcohol treatment program. If you have been charged with DUI/DWI, contact a drunk driving defense lawyer for more information.

Suspended Driver's License

In many DUI cases, your driver’s license will be taken from you at the time of arrest, pending the outcome of any legal proceedings against you. You are not allowed to drive, although you may generally apply for a restricted license so you can drive to work. Harsh penalties exist for anyone caught driving with a suspended license. A drunk driving defense lawyer can assist you in obtaining a lighter sentence if you are caught driving with a suspended license. Contact a DUI/DWI defense lawyer for more information.

Installation of an Ignition Interlock Device (IID)

IIDs are used after DUI convictions in some states as a deterrent to future drunk driving incidents. They are devices attached to your car’s starter that you must blow into before starting the vehicle and periodically while driving; if excess alcohol is detected in the breath, the vehicle cannot be started.

Probation

If probation is part of the DUI sentence, your actions may be monitored by a probation officer, and any criminal acts committed during probation will be punished more harshly. Probation can include driving restrictions, substance abuse treatment or education, and other components.

Jail/Prison Term

Lengthy jail terms are rare for first offense DUIs, but increasingly common for subsequent offenses. Factors that can influence the length of a jail sentence include the status of your license at the time of the DUI arrest, whether children were present in the vehicle, and certain other circumstances. If you have been charged with drunk driving, contact a skilled DUI/DWI defense lawyer for more information.

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Thousands of train accidents occur every year in the United States, many of them resulting in serious injuries or fatalities. Train accidents are most often the result of a collision between a train and an automobile, a pedestrian, or another train. Other common types of train accidents involve derailment, a railroad crossing problem, or mechanical failure of the train. If you or someone in your family has been involved in a train accident, the advice and help of an attorney at this time can be crucial to your recovery. You may want to consider hiring a train accident attorney to assess your case and help you achieve fair compensation for the injuries and costs arising from a train accident.

Train accidents are often caused by railroad employees or company negligence. In fact, approximately 6,000 railroad employees are themselves hurt or killed in train accidents each year in the United States. In addition, each year there are approximately 20 to 25 accidents that involve trains that are carrying hazardous materials; these accidents cause injuries as well as environmental damage. Those who have the misfortune of merely being near such a release of hazardous material from a train can be severely injured or killed.

If you've been injured in a train accident, you have the right under federal law to seek monetary compensation from those at fault for the accident. The family of someone wrongfully killed in a train accident may also file a wrongful death lawsuit. Lawyers with a special focus on assisting train accident victims often provide the best representation in these cases due to the unique nature of these types of accidents.

Human Error - The Main Contributor to Train Accidents

According to the NTSB, 38 percent of train accidents that occurred in the United States from 2001 to 2005 were caused by human error. These avoidable accidents result in lives lost and millions of dollars in damages. If you have been injured in a train accident that was caused by another person's negligence, consult an attorney as soon as possible. A lawyer may be able to help you obtain compensation for your case.

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