Tragic Biking Accident in Burlington Results in One Death

By on 10-03-2015 in Personal Injury

Biking can be a fantastic mode of transportation. It’s healthy, it’s cheap compared to a car, and it’s great for the environment. Riding outside during a nice day can be a great way to spend an afternoon, and most big cities have plenty of great bike trails designed where you can ride and experience the outdoors with your family. As people become more fitness and environmentally conscious, biking is becoming a more and more favored way to get around. No matter where you are in a big city, you’ll probably see many people biking along the side of the roads along with the vehicles.

Bikes are generally safer than cars—after all, someone falling off their bike is unlikely to be as hurt as someone who gets into a high-speed collision in their vehicle. But still, that doesn’t mean they are completely safe. As this personal injury website says, bikes do not have very much protection for when you’re traveling on the road. If a car collides with a bicycle, because the cars are so much larger and going at much higher speeds,  the rider will likely end up injured or worse.

Recently, the city of Burlington, Iowa was devastated by the result of a tragic bike accident. Darryl Hensley (nicknamed “The Mad Hatter”) was a popular DJ in the town who’d been working as a host for KZEV-FM radio station since the 1970s. He was a member of the Iowa Rock and Roll Hall of Fame and was a key figure in the development of the city’s music scene. He was well known for his sense of humor, featuring a large repertoire of comedic impressions and political commentary. Though he’d stepped back from the role of being a regular host in recent years, he was still involved in running the radio station KBUR.

Hensley was killed while returning from dinner with a local bike club. A car struck him as he was attempting to make a left turn, flinging him off the hood of the vehicle. He was pronounced dead at the scene by EMTs, who said he had died instantly due to the trauma of the car accident.

Hensley was an avid biker and had been for years. But even experienced bikers are vulnerable to accidents. When you ride a bicycle, you must be aware of your place on the road, and how vulnerable you are. Drivers will be looking out to avoid hitting you, but it can be difficult to miss a fast moving person riding a small vehicle. If they’re not expecting it or not paying the proper attention., an accident may occur too quickly for them to react. When you’re riding, making sure that you’re always keeping an eye out and staying aware of your surroundings. Always wear a helmet and, if you’re biking at night, reflective gear. Biking is fun, but you need to stay smart to protect yourself so that fun isn’t ruined by an injury or death.

Denied Disability Insurance Benefits does not mean Invalid Long-Term Disability Claims

By on 10-03-2015 in Personal Injury

Fields Disability Claims attorneys emphasize that just because your private disability insurance benefits were denied, it does not necessarily mean that your long-term disability claim is not valid. The three usual reasons why long-term disability benefits can be denied:

  • Inadequate Medical Support: Medical records can help prove how severe your injury or disability is, as well as the impact on your ability to work. If your claim is missing important information, the insurance company may deny your claim due to a lack of evidence.
  • Definition of Disability: Each long-term insurance policy may have a unique disability definition. Some policies have guidelines which are much stricter than others, and certain medical conditions may even be excluded. It’s important to understand what your policy allows, and what criteria must be met in order to qualify.
  • Social Media Investigation: Insurance companies can also deny your claim if they find examples of behavior where you appear to be able to perform activities despite your illness or injury. A common source used by the insurance companies includes searching your social media accounts to show that your condition is not as limiting as you claim.

Long-term disability insurance (LTD) is an employer-sponsored insurance policy that is designed to protect an employee from loss of income in the event that he/she becomes incapable of work, due to illness, injury, or accident, for a long period of time. It usually pays about 50% – 70% of a disabled employee’s current pay and is generally designed to last up to 10 years or until the disabled employee turns 65. LTD insurance, however, does not pay cash benefits to employees who sustain work-related accidents or injuries that are covered by Workers’ Compensation Insurance program.

Often, however, despite the obvious disability and timely payment of premiums, many LTD insurance firms make it difficult for claimants to enjoy the financial benefits specified in their policy. This is because though long-term disability insurance is supposed to help take care of a disabled policy holder who cannot go back to work for weeks, months, or even years, many insurance companies, according tare out to protect their profits, not their policy holders’ best interests.

As this is often the case, it may be wise to seek assistance from a skilled long-term disability attorney. Besides knowing how the system works, he/she may also be able to help make sure that an application is accurate, complete, and submitted on time.

Foreign Nationals Who Qualify under the EB-5 Visa Program are Granted a Two-year Conditional Residency

By on 10-03-2015 in Personal Injury

Every year, the U.S. Citizenship and Immigration Services (USCIS) of the United States government grants 10,000 visas through the EB-5 program to foreign nationals who are willing to invest $500,000 or $1 million in the U.S. for the creation of new commercial enterprises which, in turn, will either preserve or create 10 full-time jobs for qualified American workers.

The EB-5 Program, also known as the employment fifth preference visa, was approved by the U.S. Congress in 1990. The purpose of its creation was to boost the growth of the nation’s economy through capital investment and job creation by foreign investors. Two years later, the Immigrant Investor Program, also known as the Regional Center Program, was also formed.

The EB-5 Immigrant Investor Program is the easiest and fastest way for wealthy foreign nationals (and their families) to obtain a U.S. Green Card. As explained by Russian-speaking investor immigration attorneys, however, “Becoming a part of the Immigrant Investor Program involves the investment of a considerable sum of money; as such, you need to make sure that you have a dedicated and experienced legal team supporting you as you pursue an EB-5 visa.”

For many years now, about 90% of those granted the EB-5 visa has always come from China. There is another country, however, from which the U.S. has welcomed a steady flow of immigrants – Russia.

Wealthy Russians immigrating to the U.S. began to increase in the early 1990s, after the collapse of the Soviet Union and after realizing that their country will not be able to provide a suitable investment environment where they can protect their wealth due to the plummeting of the Russian stock market and the Russian ruble and, with the re-election of President Vladimir Putin, who is surrounded by his favored business people, more wealthy Russians see the United States as a safe place where they can invest their wealth, as well as a safe place where their families can reside.

Investing in the U.S. may be done either through Direct Investment or Regional Center Investment. In direct investment, a foreign national must invest a minimum of $1,000,000 for the creation of a new enterprise, purchase an existing business, or reorganization of a former business into a new entity.

Investing in a EB-5 Regional Center, on the other hand, requires a $500,000 investment. This is to finance an existing business in a Targeted Employment Area, an area identified by the U.S. Citizenship and Immigration Services (USCIS) where employment rate is very low.

Regardless which of the form of investment made, an investor’s main responsibility is to create at least 10 full-time U.S. jobs – this is his/her visa commitment. At the end of his/her two-year conditional residency, the USCIS will evaluate his/her business and determine if he/she has invested the full amount of capital into the business and created the required number of jobs. If he/she has fulfilled the terms of his/her visa, then he/she may apply to have the conditions on his/her visa removed and enjoy unrestricted access to the U.S. with his/her permanent green card.

Motorcycle Accidents Often Due to Careless or Negligent Behavior

By on 10-03-2015 in Personal Injury

Besides being fuel-efficient, a motorcycle can also be maneuvered easily through tight spots and past heavy traffic – these are just a couple of the many reasons why a motorcycle is an excellent means of transportation and why it continues to become famous among Americans.

The only major worry for motorcyclists is their vulnerability to severe injuries due to the lack of gear, other than the helmet,which will protect them form the force of impact in the event of an accident. Thus, to help protect riders from serious harm, the American Motorcycle Association (AMA), the world’s largest motorcycling organization, tells its members and encourages all other motorcycle riders to always wear additional protective gears, such as gloves, a jacket, and the appropriate pants and footwear, whenever they will ride. All these, of course, should be worn with a helmet , one that complies with the standard of safety required by the U.S. Department of Transportation.

Records from the National Highway Traffic Safety Administration (NHTSA) say that there were 112,000 motorcycle accident in 2012. 93,000 of these accidents caused riders serious injuries, while 4,957 claimed riders’ lives. This only means that while it is true that motorcycles provide lots of conveniences, these also cause great risks. Majority of motorcycle accidents, however, according to the NHTSA, may be blamed on drivers of cars and other types of vehicles who never anticipate a motorcycle on the highway, or who fail to give motorcyclists their right of way.

The major cause of fatality among motorcyclists is head-on collision. This type of collision can severely injure and leave a motorcyclist with an amputated limb or with a permanent disability. It is a sad fact, however, that so many of these accidents are actually due to negligence or carelessness. These acts of negligence or carelessness are followed by many different kinds of wrong results, including overspeeding, drunk-driving, a driver (of another vehicle) failing to notice an approaching motorcycle while making a left turn, a vehicle tailgating a motorcycle, failure of local government agencies to repair defective roads or make sure that roads are cleared of hazards, and so forth.

Since negligence can be dispelled through simple acts of diligence, a negligent or careless act resulting to an accident is, therefore, very much preventable. As strongly pointed out by motorcycle accident lawyers from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., accidents caused by negligent drivers should render them totally liable for the consequences of their failure to act responsibly and with due care. Thus, in the event of an accident, it may be to the advantage of an injure motorcycle rider is he/she were defended by a highly-competent motorcycle accident lawyer.

You Can Definitely Save Yourself from a DUI Charge

By on 10-03-2015 in Personal Injury

Driving under the influence (DUI) or driving while intoxicated (DWI) is a major offense in all U.S. states and both the federal and local government continue to make it clear to all motorists that anyone who will be caught violating the anti-drunk-driving law can face huge fines, time in jail, suspension of driving privileges from one month to one year, and even community service and mandatory participation in an alcohol education class in a DUI school.

Yearly records from the National Highway Traffic Safety Administration (NHTSA) show that drunk-driving is one of the major causes of motor vehicle accidents in the U.S. At least 10,000 of the more than 32,000 fatal accidents every year are due to drunk-driving.

Currently, the blood alcohol concentration (BAC) limit in the US is 0.08%. Thus, anyone who will be caught driving with a 0.08% or higher BAC level can be charged with a DUI or DWI.

In some states, DUI and DWI are used interchangeably; in some others, however, where both acronyms are used, DWI is used to refer to driving while intoxicated by alcohol, or driving while impaired by alcohol, drugs, or an unknown substance.

The sad reality about drunk-driving, besides the fact that this is a totally preventable occasion, is that so many of those getting charged, and sometimes convicted, are first time offenders. In 2013 alone, close to half of the 1,171,935 drivers who were arrested for driving while impaired by alcohol were first time offenders (this number is actually too small compared to the 29.1 million who, in 2012, confessed to having driven their vehicle while under the influence of alcohol).

People who are caught drunk driving for the first time, so long as they did not injure or kill anyone, or their BAC level is not way beyond the limit, are usually charged with a simple act of misdemeanor. If the drunk-driving violation were a repeated act, though, or if the driver injured or killed someone, or if his or her BAC level is way beyond 0.08%, then he or she can be charged either with a DWI felony or DUI felony.

On the website of a Nashville criminal lawyer, it is mentioned that an estimated 135.5 million people consume alcohol regularly. At the same time, the number of people classified as abusing alcohol is over 86 million. Alcohol abuse often carries with it other problems besides the obvious health risks. Getting arrested on a DUI or other criminal charges related to alcohol abuse can fundamentally alter a person’s life. Thus, if ever a person is caught and charged with DUI or DWI, it may be in his or her best interest to get in touch with a seasoned drunk-driving defense lawyer immediately. A defense lawyer not only can examine the circumstances leading to the person’s arrest, he or she may also be able to request the court to have all charges against the driver dismissed altogether if the way evidence (which will prove alcohol impairment) was collected with irregularities.