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Day Law Group

Distracted Driving is Now a National Epidemic

Here’s some very disturbing news. According to the According to the AAA, distracted driving crashes are now a national epidemic. While distracted driving can be anything that prevents a driver from paying attention to the road, like putting on lipstick, smoking, changing the radio, eating or drinking, the main cause of distracted driving is talking on your cell phone or texting. The AAA reports that every day, an average of 9 people are killed and 1,000 are injured because of drivers using their cell phones. How Bad is it? After speeding and drunk driving, distracted driving is the third leading cause of deaths...

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What is “Maintenance and Cure”?

Working aboard a ship—any type of ship— is a dangerous and demanding job. Injuries are not uncommon. However, because seamen are not land-based workers, when it comes to being compensated for a work-related injury or an illness (whether work-related or not), their legal rights are far different from those enjoyed by non-seamen. Injured Seamen and Compensation Unlike the majority of land-based employees, seamen are not entitled to file a worker’s compensation claim against their employer if they get injured while at sea. Instead, the rights of injured maritime workers are governed by federal law and general maritime law. The type of claim...

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Children and Traumatic Brain Injury

Among some of the most difficult injuries to diagnose, treat or prove in a personal injury case, are brain injuries. Unfortunately, children are among those who are the most at risk for a traumatic brain injury (“TBI”). Children and Brain Injuries Playing school sports is one way in which children frequently incur brain injuries. These injuries can be anything from a mild concussion to a severe blow to the head that causes the child to lose consciousness. According to the Centers for Disease Control and Prevention (CDC), in 2009, almost 250,000 children and adolescents aged 19 and younger received treatment for sports...

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The Dangers of a Concussion

A boxer goes down after a mighty blow to the head. Two football players bump helmets during a tackle or head-first fall. You’re involved in a head-on collision. Each one of these situations can cause a concussion. Concussions Do Serious Damage to the Brain A concussion is a form of traumatic brain injury (“TBI”). It is an injury to the brain that affects thinking and other aspects of cognitive function. According to the American Society of Neuroradiology, 75% of all TBIs are concussions. Some concussions can be recovered from in a matter of days, but most take 3 weeks or more. Some of...

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Common Claims in Toxic Tort Cases.

What can you do if you are exposed to, or injured by, a pharmaceutical drug, chemical, asbestos, black mold, oil spill, pesticide or other harmful substance? With the exception of any claim covered exclusively by worker’s compensation, the answer is that you may be able to bring a legal action to recover for your injuries. Personal injury cases that seek redress for exposure to, and harm caused by, toxic substances are called “toxic tort” litigations. A “toxic tort” is a legal claim for harm caused by exposure to a dangerous substance. Toxic Tort Cases. The specific elements that a plaintiff must prove in a...

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Mechanical Issues are Huge When it Comes to the Big Rigs.

When it comes to legal investigations following a commercial trucking accident, most people look to the truck driver or the trucking company for negligence. For example, did the trucking company encourage drivers to drive over the required number of hours? Did they hire untrained drivers? Or, had the driver taken any drugs or alcohol? Was he texting and driving? These are just some of the usual (and normal) questions that are asked during any investigation of negligence in a truck accident case. While a thorough investigation of the company and the driver’s actions up to the time of the accident are a...

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U Better Not Text N Drive in LA.

The Pelican State is known for its relaxed, party-loving attitude. There’s nothing most Louisianans like better than kicking back with family and friends, having fun, eating great food, and letting loose with some fantastic jazz. But when it comes to driver safety and kids in a school zone, all that changes. Louisianans are serious about protecting their kids. In Louisiana, you cannot use your phone for any reason at all if you are driving in a school zone during school hours. Distracted Driver Laws. The fact that texting or using your cell phone while driving (i.e. “distracted driving”) is dangerous and downright negligent, should...

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How Trucking Companies Contribute to Truck Accidents.

When it comes to motor vehicle accidents and the issue of negligence, we generally think that it is the driver of the vehicle that is responsible whenever there is a crash. And for many car accidents, that may indeed be the case. But when it comes to trucking accidents—crashes involving 18-wheelers, tractor-trailers or other big, commercial vehicles—things are never quite so simple. While the truck driver can be at fault for an accident certainly, sometimes it’s not just the truck driver who failed to comply with his duty of care. Oftentimes trucking companies are responsible as well.. The Trucking Industry is Highly Regulated. Trucking...

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Receiving Disability Benefits? Think Before You Post on Social Media.

If you are receiving Social Security Disability Insurance (“SSDI” or “disability benefits”), you know how difficult and time-consuming your road to ultimately being awarded benefits was. You also know that you need the benefits you get simply in order to survive.  No one knows better than you that you don’t want to do anything that would jeopardize your receiving those benefits in the future. One part of your life that you need to give some thought to is your social media. Why? Because how long you spend posting on social media and what you post and say about yourself  just might get your SSDI...

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Just in an Accident With a Big Rig? Do This.

Getting into an accident with any kind of vehicle is upsetting. But if you are in an accident with an 18-wheeler or commercial truck that can weigh as much as 80,000 pounds, you won’t just be upset—you just might come unglued. Big rigs wreak enormous havoc when they are involved in an accident with a passenger car.  The injuries to the people in the car can be catastrophic or can result in someone’s death. Recovering from injuries received in a crash with a big rig can take months or years; if you recover at all. Accidents involving big rigs are governed by...

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