All About Sexual Abuse In The Nursing Home

Nursing home abuse can come in a variety of forms. Aside from physical, verbal, health, and life issues, another type of maltreatment in nursing homes is sexual abuse. The number of these incidents has become alarming that it has become a growing problem in nursing homes. Elderly patients can be subject to sexual abuse because of their frailty and unlikely to be taken seriously when filing a claim.

In most nursing homes, sexual abuse may involve patients that are already suffering from dementia or other mental illnesses. According to a study conducted by the National Institute of Justice (NIJ) revealed that the older the victim is, the less likely it will be for the sexual offender to be charged. Aside from that, the same study also revealed that elder sexual abuse victims are likely to be believed unless there are signs of physical trauma. The incidence of sexual abuse in nursing homes may be a result of being understaffed in most of the facilities.

The family of the sexually abused elderly can play a crucial role in making the perpetrators of the crime liable. To prevent elderly sexual abuse, it is important that the facility be filled with more staff to prevent sexual abuse. At the same time, they should be properly trained to handle such kind of incidents.

Elderly abuse in the nursing home can manifest the following symptoms:

  • Emergence of sexually transmitted diseases
  • Problem sitting or drinking
  • Injury to the pelvic area
  • Extreme station
  • Inappropriate or unusual behavior
  • Suicide attempts

Preventing sexual abuse in a nursing home can prove to be a challenge. Unless preventive measures are implemented, the number of victims of sexual abuse in the nursing home will continue to increase. Nursing home abuse, in general, should be subjected to a thorough investigation. The party responsible for the act of sexual abuse should be held accountable.

Workplace Accidents: Receiving Workers’ Compensation for a Work-Related Injury

It is in the very nature of accidents to be unpredictable, but this unpredictability becomes compounded when individuals take part in risky activities. For people working in some of the most dangerous industries, the threat that an accident may occur is part of their daily routine. Workers in construction, mining, and manufacturing often find themselves in situations leaving them vulnerable to serious injury. According to the Occupational Safety & Health Administration, some of the most common accidents that occur in these workplaces include slips, trips, and falls from certain heights, as well as toxic substance exposure and electrocution.

While accidents in less hazardous workplaces may not always lead to anything serious, most of the ones that occur in construction sites and similarly dangerous workplaces do cause very alarming consequences. These are known to lead to serious medical conditions like brain trauma, spinal cord damage, amputations, and third-degree burns. Many of these consequences can leave victims unable to return to work and earn a living. They’re left with no source of income as their medical bills continue to mount. The problem is even more complicated for workers that support their family. Even minor injuries can leave workers vulnerable and financially burden for some time, since conditions like carpal tunnel or bone fractures also require lengthy recovery times.

Whatever the case, workers suffering from injuries caused by workplace accidents are meant to receive proper financial assistance through workers’ compensation benefits. Individuals in these situations are mandated by both federal and individual state legislations to receive payments that can help with the financial concerns brought about their accident and injury.

Is There Ever a Way to make Truck Drivers not Drive While Feeling Sleepy?

After the August 2010 truck accident that killed Ed Slattery’s wife Susan Slattery, confined his son Matthew to a wheelchair due to crushed skull that resulted to traumatic brain injury, and broke Peter’s (his other son) pelvis and eye socket, it was only in June 2014 when truck accidents due to driver fatigue gained new attention. This resurfacing of driver fatigue as a major cause of truck accidents was due to the crashes that killed four members of a Texas community college women’s softball team and which put comedian Tracy Morgan into a coma and killed his co-comedian James McNair.

In the August 2010 accident, the Triple trailer driver confessed to having dozed off prior to ramming into the Slattery’s Ford Focus and five other vehicles, while the Wal-Mart Stores Inc. driver of the tractor-trailer that hit Morgan’s limousine has had no sleep for at least 24 hours prior to the accident. (In 1991, driving triple trailers on U.S. highways was banned; 14 states, however, which predates the ban, were exempted from said ban)

The Federal Motor Carrier Safety Administration (FMCSA), an agency in the U.S. Department of Transportation, is in charge of regulating the trucking industry in the United States; its primary mission is to reduce crashes involving large trucks and buses, and the injuries and deaths that these crashes cause.

The FMCSA and the National Highway Traffic Safety Administration (NHTSA) believe that a vast majority of truckers, especially veteran truck drivers, are responsible drives who drive well within reasonable limits. Some others drivers, however, including the trucking companies they work for, are often tempted to push themselves/these drivers to their limits, putting so many other motorists at risk.

By regulating the number of hours truck drivers may operate their vehicle, the FMCSA hopes to make sure that drivers do not and are not allowed to drive while fatigued. Under the new hours of service (HOS) rules, truck drivers are allowed to work up to 14 hours a day, including 11 hours of driving. If ever a driver renders 70 hours duty in a week, he/she must rest 34 hours, including two consecutive nights from 1a.m. to 5 a.m.

Drivers, though, are never paid overtime, besides being paid by the mile – definitely not worth the exhaustion they experience and often long periods away from their families. Due to this, and the need to earn more, many end up driving despite lack of sleep or having no sleep at all.

As a result, at least 4,000 fatal truck crashes and more than 100,000 leading to injuries are recorded by the U.S. DOT every year, with trucker fatigue being the most common cause of these crashes.

Many modern cars and some trucks are now equipped with safety devices, such as the Electronic Stability Control, Traction Control, Adaptive cruise control/collision mitigation, Lane-departure warning/wake-you-up safety, and Emergency brake assist/collision mitigation. Despite all these modern safety equipment, truck accident lawyers from the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., know that the size difference between a passenger vehicle and a commercial truck means that, in the event of an accident, motorists can suffer a range of losses that could affect them for the rest of their life.

In the 2010 accident which involved the Slattery family, Ed’s lawyer found out that, months before the accident occurred, the truck driver was warned by the trucking company he worked for due to traffic safety violations, which included making improper turn signals, following too closely, and weaving. These were aside from having been involved in minor accidents and having sleep apnea, a disorder in how one breathes during sleep.

Injured or killed victims in truck accidents deserve only the full amount of compensation the law allows them to receive. Compensation should cover hospital bills, rehabilitation period, loss of wages and, in case of death, loss of companionship, funeral expenses, and all the pains and suffering suffered by the victim/s and the family.

Never think twice about getting a highly-competent lawyer, who may be able to get all the evidences that will help you claim the compensation that you deserve. A less experienced one may only cause you the full justice that you wish for and deserve.

Costs Associated with Assisted Living Facilities

When looking for an assisted living facility for their senior loved one, one of the things that shock people is the price. The cost of assisted living facilities are often compared to that of in-home care, in that the latter usually costs less than assisted living. However, as with any real estate and goods and services, the cost of assisted living is heavily dependent on place and the supply and demand in the area. This is something that should be greatly considered when looking for an assisted living facility.

Aside from location, other factors that could weigh on your decision are the size of the room, the degree of care needed by the senior, and other additional fees. Bigger space means more cost, and since each resident has their own specific needs, those needs more assistance may have to additional fees. Furthermore, assisted living facilities often require administrative fees that are often non-refundable after moving into the facility; this would cover for a number of things such as enrolling the senior resident to available services to renovating their rooms.

Although the cost for assisted living is almost the same as that of in-home care, the fundamental difference between the two is the quality of life. Seniors greatly benefit from an engaging and vibrant community which can offer them regular opportunities for entertainment and social interaction. Getting seniors engaged in daily social activities help in keeping them mentally and physically fit, equating to a healthier and more enjoyable retirement years.

All in all, children should first look into the their senior loved ones lifestyle to see if in-home care is a good option than an assisted living facility. Make sure that the decision that you make will not affect the seniors’ quality of life, rather only help enrich it and guarantee that they are taken care of in the best way available.

Car or Car Part Defects that Make Motor Vehicles Accident-Prone

Besides causing damage to property, a car accident can also either injure or take lives. According to the National Highway Traffic Safety Administration (NHTSA), more than five million motor vehicle accidents still occur on US roads and highways every year; more than 30,000 of these accidents are fatal, while at least two million are causes of either minor or severe injuries.

Due to the volume of vehicular crashes, it would not be a surprise if anyone would start wondering just how one motorist sees another driver, or how car and car parts manufacturers see those who they sell their products to. Is another motorist just a competitor for road space, or a car/car parts buyer just a source of profit?

In car accidents people who get injured or who die are not just casualties; they, like the driver at fault in the accident or like the manufacturer who designed and produced the vehicle or its parts, are also members of a family, so that their pain and suffering will also be their whole family’s pain and suffering. This is why the federal government never ceases to pass, amend and strictly enforce traffic laws and vehicle safety standards (which manufacturers are legally obliged to comply with) as these are aimed at significantly reducing fatal and injurious accidents on the road.

According to the NHTSA, while drivers are usually the ones at fault during accidents, there is a certain percentage in the total number of car crashes that is due to defective cars or car parts. Now, what’s scary about a defective car or car part is that car owners usually never get to know about the defect until the car or the faulty part actually malfunctions or causes an accident.

For car and car parts manufacturers, ensuring motor vehicle safety is a basic legal responsibility. Under Title 49, Chapter 301, of the United States Code for Motor Vehicle Safety (this is the recodified version of the National Traffic and Motor Vehicle Safety Act of 1966), motor vehicle safety means a motor vehicle’s or motor vehicle part’s performance which, in a way, will protect the public against unreasonable risk of accident, injury or death. A defect, on the other hand, is any flaw in a motor vehicle’s or motor vehicle part’s construction, component or performance.

Some safety-related defects and failure to meet Federal safety standards which that have been reported to the NHTSA (since 1966) include a vehicle’s:

  • Steering wheel suddenly locking while turning or driving along a curve or steering components that suddenly break, resulting to loss of vehicle control;
  • Brake pads remaining partially engaged with the rotors due to the electronic parking brake piston actuation arm’s failure to fully retract;
  • Driver-side airbag suddenly exploding, a defect that has already resulted to more than 100 injuries and seven deaths;
  • Wheels cracking or breaking, resulting in loss of vehicle control;
  • Windshield wiper assemblies failing to operate properly;
  • Wiring system that causes problems, resulting in fire or loss of lighting;
  • Essential parts breaking, falling apart, or separating from the vehicle, causing loss of vehicle control or possible injury to the vehicle’s occupants and/or other motorists; and,
  • Child safety seats found to be with defective buckles, safety belts, or components that can cause injury.

The defects and non-compliance with safety standards mentioned above have, of course, resulted to NHTSA-ordered recalls which, since 1966, have totaled to: more than 390 million mopeds, motorcycles, recreational vehicles, buses, trucks and cars; 42 million child safety seats; 66 million pieces of motor vehicle parts; and, 46 million tires.

Federal Motor Vehicle Safety Standards (FMVSS), which is written and enforced by the NHTSA, lay down the minimum performance requirements for parts (such as its lighting, tires and brakes) that most affect a vehicle’s safe operation, as well as for parts (such as energy absorbing steering columns, child restraints, safety belts, air bags and motorcycle helmets) that are supposed to provide drivers and passengers adequate protection from serious injuries or death (in case of an accident).

As a car accident lawyer would probably mention, making sure that every unit of vehicle or vehicle part produced is safe, lies in the manufacturers’ turf. With the details on vehicle and vehicle part safety standards provided by the FMVSS plus manufacturer’s quality control and vehicle performance tests, it is mind boggling to even consider the possibility of manufacturing defects escaping watchful eyes.

Greed for profit or act of negligence? Whichever it is, the unsuspecting vehicle owner, in the event of an accident, victims have the legal right to pursue justice and compensation for all the damages he/she will be made to suffer.

Road Defects

When we hear of a car accidents, we often blame the car or cars involved. They may have failed to yield or ran a stop sign, causing an accident. While this is often the case, sometimes defective roads can be the real cause of an accident. Defective roads are often caused by not being properly maintained by local municipalities, leading to real dangers for unsuspecting drivers.

Some common causes of road defect accidents may seem to be just an annoyance to most drivers, but are often overlooked for their ability to cause serious damage and injuries. One of the most common frustrations is potholes that cannot seem to be avoided. However, most people don’t realize that running over a pothole can damage the tires, suspensions, and alignment of a car, according to the website of Crowe & Mulvey, LLP. Road defects such as a shoulder drop off and uneven payment can lead to similar damages to a car as well as accidents that can leave an individual with serious injuries.

Another road defect caused by municipality negligence is lack of road signs. Signs such as stop signs and speed limit warnings are essential to safe driving conditions and regulating traffic. When a municipality fails to put these signs up or replace those that are damaged to a point that they are unreadable, they put drivers at an increased risk of an accident.

While car accidents are often caused by the actions of an individual driving a car, road defects can also lead to devastating accidents. These road defects may not just be frustrating but extremely dangerous. Even worse, these defects are often preventable and are caused by municipal negligence. With all the risks inherently present in driving a vehicle, negligent defects should not be another.

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