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Evansville Legal Issues Blog

How does alcohol affect one's driving abilities?

Since the end of Prohibition, Hoosiers have been enjoying alcoholic beverages for a number of occasions. Many partake in drinking socially, while others do so as a way to relax. Still others suffer from a drinking problem that is pervasive in their day-to-day lives. None of these forms of alcohol consumption are illegal, but when these individuals choose to take to the road, they may break the law and cause a serious car accident that leaves unsuspecting motorists with significant harm. Unfortunately, these types of accidents occur more commonly than we like to think.

So why do so many Hoosiers drive drunk? There can be a number of reasons, but for most it is their failure to recognize how alcohol affects their driving abilities. This is because alcohol is a depressant, which can directly affect an individual's ability to judge their capabilities. Therefore, they may fail to recognize that alcohol impairs their reaction time, vision, tracking, concentration, comprehension, and coordination. Many also fail to recognize that their driving abilities can be impaired after just one alcoholic beverage, and the impact can vary significantly based on the type of drink consumed and the consumer's weight.

Facing criminal charges? Consider acquiring legal help

There are many aspects to a criminal prosecution. Physical evidence must be gathered, witnesses must testify, and prosecutors must put it all together with convincing legal arguments that persuade a jury that a defendant is guilty before a conviction can be obtained. Even each of these elements have smaller, yet just as complex, issues. For example, as we discussed on the blog last week, physical evidence may be drawn into questions when the legality of a search and seizure is at issue. Other matters, like chain of custody and witness bias, can play a critical role in a criminal case, too.

For this reason, those who are facing allegations of criminal wrongdoing need to understand the statutory and case law that applies to their situation, as well as the rules of evidence and trial. After all, aggressive prosecutors will often try to exploit one's legal inexperience, and an individual can only protect him or herself if he or she raises timely objections. This is why many Hoosiers turn to qualified criminal defense teams, like the one at Danks & Danks, for legal representation.

Search and seizure under the Fourth Amendment

Oftentimes when Hoosiers are charged with a criminal offense, prosecutors rely on physical evidence to build their case. This evidence is typically gathered by police officers as part of a search and seizure. However, the police cannot just stop and search individuals and their residences at random, as the Fourth Amendment to the Constitution protects citizens from unlawful search and seizure.

So what makes a search and seizure lawful? In short, a police officer may only search an individual or property under three situations. First, an individual or property may be searched if a valid search warrant is obtained. Second, if the search is incident to arrest, then it is likely legal. Third, if an officer has probable cause to conduct a search, then he or she may have an argument indicating that the search was legal.

Far too many injured in Indiana motorcyclists accidents

School is out, Memorial Day is over, and summer is in full swing. For many Hoosiers this means it's time to break out the motorcycle and go out riding. Whether individuals are hitting the road on a bike for leisure or as an efficient mode of transportation to work, Indiana residents can find more motorcyclists on the streets during this time of year. Tragically, though, this may mean that we are bound to see an increase in motorcycle accidents that leave unsuspecting individuals with serious injuries. In the aftermath of these wrecks, far too many Hoosier families are forced to face the loss of a loved one.

What makes semi-trucks so dangerous

If you find yourself instinctively increasing your caution when you notice a commercial truck in the next lane, you have good instincts. Semi-trailer trucks present several unique dangers on the road. Knowing about them can help you stay safer.

The size and weight of a typical big rig can both contribute to causing an accident and aggravate any accident it becomes involved in. Size and mass make it harder for trucks to maneuver. Many make wide turns and can take up several lanes as they turn or merge. Their large mass also increases inertia, leading them to be slow to stop or speed up and making it more difficult for truck drivers to react to changing traffic conditions. Use heightened caution when dealing with poor visibility or icy roads. While these conditions increase risks for all drivers, a truck that goes out of control can wreak immense damage.

Improper cargo securement may cause commercial vehicle accident

Driving next to a semi-truck can be daunting, and for good reason. These massive vehicles can turn deadly when driven improperly. Yet, it is not just how a truck is driven that can cause a devastating truck accident, as how a truck is maintained and how cargo is secured can also play a role in safety. Additionally, these matters, when improperly handled, can serve as the foundation of a personal injury lawsuit.

Indiana firm fighting for victims of distracted driving

Last week on the blog we discussed a new technological device that detects whether a text message was sent or read in the moments leading up to a car accident. It may seem like a strange concept, but the truth of the matter is that distracted driving is far too common, most frequently taking the form of texting and driving. Motorists who choose to take their eyes off the road in order to engage their mobile devices put themselves and others at risk, as they may swerve into another lane, blow past a stop sign, or fail to yield to a pedestrian at a crosswalk. The saddest part of these wrecks is that they are completely preventable, which is what the textalyzer is trying to show.

"Textalyzer" could help prevent distracted driving

In the past several months, distracted driving has been thrust to the forefront of roadway safety. Those motorists who engage their electronic devices are certainly distracted, and they can put others at serious risk of harm. Those who are injured in a car accident caused by such distraction can suffer serious injuries, forcing them to face extensive physical, emotional, and financial damages. Although a personal injury lawsuit may be pursued in hopes of recovering compensation for these damages, victims don't always have the easiest of times proving negligence, especially when the defendant is accused of texting and driving.

What are some common defenses to medical malpractice?

People in Indiana rightfully expect to receive safe and effective medical care when they go to the doctor. After all, these medical professionals have years of education and on-the-job training, and most doctors have several years of experience tucked under their belt. Yet, no amount of education, training, or experience can fully prevent medical errors. Doctors and nurses work when they are tired and distracted, and sometimes they make mistakes that fall below the applicable standard of care. When this happens, a victim can be seriously injured or killed. Surviving family members of those lost in these incidences can pursue compensation via a wrongful death lawsuit, but they may be going up against a strong defense.

What is divorce mediation and how is it helpful?

When people in the Evansville area think about divorce, they might conjure images of spouses with heated emotions arguing over every little thing. Although these types of divorces are common enough, the divorce process doesn't have to play out this way in front of a judge. Instead, parties to a marriage dissolution can seek alternative dispute resolution methods to help them end their relationship on more amicable terms.

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