Vehicular Homicide Explained

Driving while intoxicated is a serious offense that can have devastating consequences on the part of the driver. When it leads to the death of another person, the defendant could be charged with vehicular homicide. A Nashville criminal attorney Brent Horst will tell you that if a BAC that exceeds the limit of 0.08 and a fatal accident happens, that driver can be charged with vehicular homicide.

In order for a vehicular homicide case to be successful, the prosecutor must prove the following:

1. That the driver acted negligently while operating a motor vehicle causing the death of another person. If negligence was proven, the defendant may face an imprisonment of up to six months and the mandatory license suspension of 1 to 5 years.

2. That the death was the proximate result of committing a speeding offense in a construction zone. If proven, vehicle homicide is elevated into first degree misdemeanor and the driver can be subjected to a potential sentence of up to six months and a mandatory license suspension of 1 to 5 years.

3. Vehicular homicide becomes a fourth degree felony if any of the following conditions apply: 1) driving with no license or suspended license; 2) prior conviction of vehicular homicide or any traffic-related homicide, manslaughter, or assault offense. The driver could be subjected to 18 months in prison. The license suspension is elevated to 2 to 10 years in this situation.

4. If the driver has been previously convicted of a traffic-related murder, felonious assault, or attempted murder, the licenses will be suspended for three years to life.

In order to prove negligence on the part of the driver, the prosecutor must show that the driver understood but disregarded the fact that their driving presented a potential threat to others. Proving simple negligence will not suffice. The sentence for vehicular homicide will depend on how the offense is committed.


read more

Workers who get injured during the performance of their job, or those who develop an occupational illness, are entitled to file a claim with the Workers’ Compensation for financial benefits designed to cover lost wages, cost of medical treatment, rehabilitation and death (if the injury is fatal). There are times, though, when accidents occur while off the job or when an employee suddenly gets ill, suffers a temporary health problem, or undergoes surgery which would obviously result to days (or weeks) of recovery period – any of these will definitely cause a brief pause from work. It is during this time when short-term disability benefit become very important, as this will make up for the loss of regular income and so protect an employee from the possibility of falling into a crippling financial situation.

Short term disability, which may be employer-sponsored, paid by the employees themselves, or a combination of the two, is a special insurance benefit designed to cover lost wages due to injury or illness (which are not job-related). Since the injured or sick employee can use his/her sick and vacation leaves so as not to suffer loss of pay during the first few days of absence from work, the short term disability coverage has been designed to kick off after such leaves have all been used (coverage may be from day 1 to day 14 after the injury was sustained or after the illness began).

Some employers provide their employees the short-term disability insurance as a combination to long-term disability insurance. Employees who are not provided with this benefit may avail of it on their own. One important thing that employees need to realize about this special type of insurance is that it is different from (and is not meant to replace) Workers’ Compensation Insurance, which awards financial and medical support to individuals whose injury or illness is job-related.

As explained by Raleigh workers’ comp lawyers, many common workplace injuries, such as sprains and back injuries, require a rest period while a patient recovers. Many employees who earn hourly wages are concerned about losing much needed money, and may even force themselves to work when they should not. Well, the good news is, employees who need to take time off of work can be eligible to receive compensation which will cover part of their lost wages. Having a highly-skilled workers’ comp lawyer may enable an employee to be eligible to receive this financial benefit.


read more

Car accidents that involve pedestrians will surely be fatal. According to the Toronto personal injury lawyers of Mazin & Associates, PC, the result could be grave injury, permanent disability, or death of the driver, bystander, and others. According to the Centers for Disease Control and Prevention, 4.735 pedestrians were killed in traffic crashes in 2013 alone. In addition, there were over 150,000 pedestrians that were injured and treated in emergency departments.

So when a pedestrian gets involved in a car accident what damages can they receive? While no amount of money can pay for the life that will be lost because of the injury or death, damages can help “make a person whole again,” as the saying in law goes. Here are some of the recoverable damages a pedestrian can receive in a car accident:

All states require vehicle owners to carry liability insurance to pay for personal injuries to third parties as well as payment for property damage to third parties. This will depend on whether the state where the accident happened follows the “no fault” clause. In these states, the insurance company shoulders the medical expenses and other costs, regardless of who was at fault.

If the pedestrian has auto insurance, they can still collect damages from their provider even if they are not driving when the accident happened. In some no fault states, there is a cap to the driver’s coverage. In other states, the driver’s insurance will shoulder the damages. If the driver has no insurance, then the pedestrian’s UIM or no fault coverage will pay for the losses.

However, the problem with mandatory coverage in no fault states as well as the UIM insurance is relatively low and does not pay for pain and suffering. For medical and lost income, there is a certain threshold and if that amount is reached, then the remaining amount will be collected from the defendant’s insurance company or from the defendant themselves.


read more

Assisted living is a somewhat new concept, yet it is the fastest growing stable option for health care when it comes to seniors. There are a number of services and activities aimed for the well being of seniors that would given elders their much needed physical or mental assistance while still having the independence to enjoy the new stage of their life. It lets them enjoy their golden years – all while ensuring that their health and well being are properly taken care of and looked after.

Those who wish to avail assisted living from their elder loved ones, make sure to check every facility because each is different and could offer something distinct from others. Furthermore, each state and jurisdiction has their own regulations and licensing requirements regarding assisted living facilities, and this could greatly affect the choice you make since your senior loved one may have specific needs and demands. Generally all assisted facilities give basic health and other medical monitoring along with daily care and activities. Basic meals, social programs, and access to medical aid are just among the basic activities of daily living (ADL) provided by these facilities, but if you want to find one that can cater to your senior loved ones distinct needs, then visiting and checking as many facilities are possible may be the only option.

When choosing the assisted living, factor in things such as the type of residence you wish to put your elder into, the location of the facility, the type of services offered and needed by your loved one, and the people working and living there. Make sure that the community will be and enjoyable and comfortable place for the elder and will give then the best services that they deserve. Although the cost for these assisted living spaces differ, if they can provide the best care for your senior loved one then it is not a waste of money.


read more

The widespread reports of nursing home abuse has prompted the government to enact legislation in 1987 which demanding nursing homes that participate in Medicare or Medicaid to follow specific rules to ensure quality of care. The Nursing Home Reform Act states that nursing home have the responsibility to “…provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing or each resident in accordance with a written plan of care”. In order to engage in Medicare or Medicaid, all nursing homes should comply with federal requisites, especially for long-term nursing care facilities.

As the numbers of older patients in nursing homes and other assisted living communities increase, the seniors are being put in a very susceptible position for various types of nursing home abuse and this should cause alarm to many adult children and grandchildren on these elderly patients. As stated on the website of Habush Habush & Rottier S.C., whether the abuse was intentional or not, the family of the patient has the right to sue the doctor, nurse, hospital, or anyone who has caused abuse in the nursing home.

Just as there are several types of abuse that can happen to an elderly patient in a nursing home, there is also a number or claims that the family of the abused can file against the nursing home or assisted living communities. These can depend on the actions, whether they are physical or sexual in nature, verbal abuse, financial abuse (by way of consumer fraud or identity theft) or false imprisonment. Because in general, nursing homes have high standards of care, the family can also cite neglect in their lawsuit. They have to prove in court that the neglect was the cause of injury or abuse to their elderly family member.

Most nursing home abuse lawsuits take time to finish because they are complex and most nursing homes and assisted living communities are under corporations. Hiring an attorney who knows about this type of tort could help prevent your nursing home abuse lawsuit from being buried in the defendant’s paperwork. Once there is even little evidence of nursing home abuse, it would best to contact legal help to understand the next possible action.


read more