May 24, 2019

Two Bicyclists Killed in Deadly LA Auto Accident

Car Accident Lawyer

Seven people were hurt and two people killed by a driver on March 2 in New Orleans, Louisiana, reports the Mid-City Messenger (http://midcitymessenger.com/2019/03/02/nopd-investigating-deaths-on-esplanade-avenue/).

The deadly incident happened on Esplanade Avenue close to Ponce de Leon Street at around 8:00 pm. The site of the accident was a busy area in the city that forms part of the route for Endymion, a famous parade held during Mardi Gras. The driver, 32-year-old Tashonty Toney, fled the scene after the accident but was quickly caught by the New Orleans Police.

According to police, all nine people in the group were bicyclists involved in the state’s environmental justice movements. Toney crashed his Camaro through their bike lane, hit five parked cars and ended up on the pavement. He was going so fast that he pinned one of the bicyclists against a parked vehicle, law enforcement officials believe. Emergency responders pronounced two of the victims dead at the scene, and another three victims suffered serious injuries and were rushed to a nearby hospital.

At least one witness described the driver as “blind drunk,” and Toney admitted he had a problem to police at the scene shortly after he was found. He was allegedly so intoxicated that he passed out from trying to flee the police on foot after the accident and had to be revived once he was located. A group of witnesses say he asked if he had killed anyone and then told them to call his father, who is an officer with the New Orleans Police force.

Toney refused to take a blood test on the scene, but police were able to get a warrant for alcohol and drug testing and say they could smell the alcohol on his breath.

Toney was charged with vehicular negligent injury and homicide, reckless vehicle operation and leaving the scene of a fatal accident. He did not speak at a recent hearing, at which his bond was set at just over $500,000.

This is not the first traffic accident along the famous parade route. In 2017, a drunk and speeding driver hit 28 people on Orleans Avenue right after the Endymion Parade. All 28 people in that case were hurt, but none of the injuries were life-threatening.

The investigation into this deadly crash is still ongoing, so police are asking anyone who may have any information regarding the incident to contact them.

Despite all the nationwide attention on the dangers of drunk driving and the tragic results it can have, people still do it everyday across the nation. In this tragic incident in Louisiana, the dangers that bicyclists face on the road from drivers is also apparent. Bicyclists have far less rider protection than drivers in vehicles do, so auto-bicycle accidents tend to have more serious consequences for the victim on the bike than anyone else.

If you were injured in a bike accident, you may be entitled to compensation for your losses and injuries. Contact an experienced bicycle accident lawyer Denver, CO offers about your case to protect your rights.


Thanks to Richard J. Banta, P.C. for their insight into personal injuries and bicycle accidents.

May 23, 2019

Defense Strategies for Assault Accusations

Personal Injury Lawyer

Assault is when a person intentionally threatens or directly inflicts harm against you. Anyone who was arrested and is now awaiting trial over an assault arrest, can rely on the experience of an attorney for protection. Depending on the situation you were in, we can choose a defense strategy that is most appropriate in hopes of at least decreasing your charges if innocence isn’t possible.

Insufficient Evidence

An assault charge may be dismissed if the prosecution has insufficient evidence. For instance, perhaps there was no witnesses and the supposed victim didn’t sustain any visible injuries. Without tangible evidence or witness statements, it can be difficult for the prosecution to supply enough reason for the court to convict the accused.

Consent

During assault cases, many people assume that the supposed victim had not consented to the physical interaction. Consent can be a useful defense if the victim voluntarily engaged in the situation where he or she knew assault may occur. If assault charges are brought against a person who was playing in a sport, these charges are often dropped because the other player had willingly chosen to participate with a full understanding of the risks.

Lack of Proof for Intent

There must be direct evidence that the accused had intent to harm another, and that he or she did in fact commit each aspect of the crime. Failure to prove that a physical act occurred and/or caused reasonable fear to the victim may result in a dismissal of charges. With help from an attorney, the accused can fight against the charge by claiming there is a lack of proper evidence to convict.

Defending Oneself and/or Property

Every person has the right to defend themselves, their home, and/or their loved ones. But, this doesn’t mean you can inflict harm to any degree against someone who has assaulted you. If someone attacked you or a family member, you are permitted to defend through physical actions if needed. However, if you go beyond what is deemed “reasonable force” you may be faced with an assault charge.

Provocation

An attorney may suggest using the provocation defense if there is little chance of you walking away with a dismissed charge. Provocation can help lessen the accused’s sentence. For example, the charge may be decreased if it can be shown that intense provocation was an element of the interaction, which led to the accused reacting physically against the instigator.

Insanity

While insanity is usually a defense option for most accusations, it shouldn’t be used lightly. Claiming that you were insane at the time of the crime and/or during trial can be challenging to present in court. You may need testimonies from your treating therapist or psychiatrist to support insanity claims. Even if your insanity defense is successful, you may have to enter a mental hospital.

Assault is considered a violent crime, and may result in overly harsh punishments by the court. A personal injury lawyer in Minneapolis, Minnesota can advocate for your behalf and can push for a plea deal if being dismissed of charges isn’t possible. Please call today so an attorney can get started.


Thanks to Johnston | Martineau, PLLP for their insight into personal injury and assault injuries.

May 22, 2019

Facts About Traumatic Brain Injuries (TBI)

Personal Injury Lawyer

Traumatic brain injuries (TBI) happen when a person endures sudden force to the head, which disrupts the brain’s normal functioning. A TBI can result in either a hefty blow, or from an object penetrating the skull and entering brain tissue. Symptoms associated with a TBI can be mild or severe, depending on how much damage was done to the brain. One factor that can complicate matters further, is if another person or party was at least partially responsible for the traumatic brain injury.

If you believe this may be the case for your accident, we suggest talking with an attorney for advice on how you can seek justice for the wrongdoing.

Symptoms to Watch Out For

Mild cases of TBI may cause a brief loss of conscious, along with nausea and vomiting. For more serious injuries, the brain may swell, blood may ooze from the skull, in addition to profound confusion. Anyone who thinks they may have suffered from a TBI, must go to the nearest emergency room regardless of the severity. Here are symptoms to watch out for if you are concerned about having sustained a traumatic brain injury:

  • Headaches that won’t go away
  • Vomiting and/or nausea
  • Dizziness
  • Blurry vision
  • Dilated pupils
  • Seeing double
  • Looking into bright light is intolerable
  • Clear or blood-tinged liquid coming from ears/nose
  • Balance difficulties
  • Slowed pulse
  • Trouble breathing
  • Body numbness
  • Body tingling
  • Droopy eyelid
  • Facial weakness
  • Ringing in ears

Collecting Medical Documentation

If you meet with an attorney about your traumatic brain injury accident, it can be helpful to have medical documents which go into detail about the severity, prognosis, and treatment plan. Keep receipts for anything you paid for out of your own pocket for medical care. If another person is liable for your injuries, receipts for the amount you faced in financial loss can help your attorney estimate how much to fight for in your lawsuit.

Temporary and Long-Term Impacts

Depending on the depth of the brain injury, a person may have to go through rehabilitation, hire professionals to offer care in the home, or make permanent changes to their lives due to newly developed TBI-related disabilities. The impacts of a TBI accident may follow someone temporarily, or for the rest of his or her life. The consequences of a traumatic brain injury can be expensive and emotionally agonizing, especially for more severe cases.

Seeking Legal Help

Victims do not have to accept what has happened to them. By consulting with an attorney, you have someone who can investigate into your accident further and see if another person could be at-fault. Even if a financial award cannot take back what happened, at least it can help you continue receiving the care you require to take care of yourself. Victims can contact a brain injury lawyer in Orlando, FL to receive a free appointment, to find out more about their legal options. Please call today.


Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and traumatic brain injuries.

May 21, 2019

Trademark Identity Theft

Trademark Attorney Chicago, IL

After you have spent years dreaming, creating, designing, and finding the perfect symbols, designs, and words to represent your business, you go online or are watching television and you see your company logo on the screen. When you start to really study the logo, you realize that it is not actually your logo, however it is something that looks very similar to yours. What are you supposed to do in that situation?

Companies are identified by the brand they have created. A brand is the symbol and words that link specific services or products back to the company. Many company owners pass over their trademarks’ true value and because of this do not pay a lot of attention to keeping them protected. Trademark protection impedes others from making a profit off the goodwill and brands that companies have created for themselves.

Many company owners incorrectly assume that if they just create a new company entity in their own state, it is legal enough to protect their trademark for that name. Unfortunately, these company owners typically find out the hard way that this is just not the case and they should have registered their trademark. Sometimes just using the trademark provides a very limited protection for the trademark. However, it is very effective and worth consideration to file for state or federal trademark protection. While very few companies decide to file their trademark applications at their state level, most companies do file for protection on the federal level and with the US Patent and Trademark Office so their trademark can be protected in a broader geography.

The top keys to protecting your trademarks are:

 

  • Monitoring your trademarks in commerce. A large amount of today’s trademark theft comes in a electronic manner. It is important to monitor the internet for potential infringement by searching occasionally for your trademark. However, it is also important to remember to check paper publications for potential trademark violations.
  • Pursuing true infringers. It is important to make sure it is a true infringement if you encounter a potential infringer. Companies are able to have the same name if that company sells services or goods that are entirely different from yours. If it is actually an infringement, you will need to put the infringer on notice, which usually happens by a cease-and-desist letter. If it does not do anything else, a cease-and-desist letter may open a dialogue to amicably resolve the situation. If sending a cease-and-desist letter doesn’t fix your problem, you will need to determine how much or your time and money you are willing to spend fixing this problem.
  • Maintaining the trademark registration. These registrations are maintained through usage and by ensuring you have filed the correct post-registrations documents. While your first federal registration term is for a full ten years, you will still have to file proof of continued use after five years after your registration was granted. You can renew a ten year team for another ten years if you file for a renewal in the ninth year of your registration.

 

As your company grows and changes, the symbols and words that represent your company may also. Registering your trademark with the help of a trademark attorney in Chicago, IL from The Law Offices of Konrad Sherinian only protects it as it was originally registered. If you change your trademark during the years, you will need to create new applications. It is important to remember to protect your company’s assets, especially your identity, your trademark.

April 17, 2019

Designer Pot: Who Benefits? What Are the Risks?

Long ago, it was glamorous in a movie for the lead characters to blow clouds of smoke.  If advocates of designer cannabis get their way as Federal and State regulations of the drug for medical and recreational purposes are loosening, it can become more socially acceptable to smoke pot.  Marketing experts are using a variety of flavors and mixers to create the type of cannabis with THC, the addictive chemical, removed: CBD oil. This product is legal to be sold to those 18 and older in most states now without a doctor’s order.  CBD oil is said to help with anxiety, pain, and seizures.Recently the FDA approved an epilepsy medicine, Epidiol which contains CBD that is pharmaceutical grade.

 

But there are risks we are not yet aware of with vaping of CBD and cannabis. A recent study found e-cigarettes in a lab test contained ten times more cancer causing substances (due to plastic burning) than regular cigarettes. People can vape nicotine, flavored gas, CBD Oil, or drugs like cannabis.  One device, a JUUL, looks like a flash drive and makes vaping easy and portable.

 

Many health experts have a variety of concerns about marijuana. It is often laced when bought from street dealers with club drugs or ones that triggers paranoia or psychosis.  Several studies have shown the stronger strains in recent years could be habit forming, even though the drug is classified not as physically addictive like opiates but psychologically habit-forming.  

 

Another study showed a drop in IQ (measure of intelligence) several points with regular use.  Other experts point out often regular users of cannabis develop lung cancer or lower their motivation to attend work or school.  Some gain weight from the effect of the drug to increase appetite.

 

This is where those attempting to genetically modify strains of cannabis come in.They claim they will be able to maximize the positive effects and lower the negative ones in order to create a “designer” drug experience.  

 

They are trying to make strains of cannabis that would be vaped, tinctures in oil or edibles to put in gourmet foods and drinks with the claim that some promote deep relaxation, others euphoria or a type of enhanced mood or spiritual feeling of connectedness.

 

If you’ve been injured by pot, a personal injury lawyer Naperville, IL trusts can help. Call today.

 

Contact The Law Offices of Konrad Sherinian, LLC for more insight into designer pot and personal injury.