posted on September 25, 2015 by

Avoiding Pedestrian Accidents

Pedestrian and motor vehicle accidents can result in severe personal injury cases, often producing catastrophic injuries to the pedestrian victim or even the loss of a loved one. However, many pedestrian accidents can easily be avoided by taking extra precautions. Whether you are walking on or near city streets, residential neighborhoods, highways or rural roads, follow these tips to reduce the  risk of being struck by a motor vehicle:pedestrian

Be More Visible

Just like cyclists must be vigilant in making themselves more visible to drivers, pedestrians must also strive to make themselves better seen by motorists. This can be accomplished by traveling on foot during daylight hours only or by walking in well-lit areas. Additionally, pedestrians can wear bright or reflective clothing.

Look Both Ways

This tip goes for both motorists and pedestrians. Before entering an intersection or driving through one, it is important that both pedestrians and drivers alike carefully look both ways. This is especially important for motorists who are driving in areas where pedestrians frequent or where children might be dashing into the roadway (such as residential streets).  

Follow the Law

There are very specific laws that pedestrians and motorists must follow. Some of these laws are the same for both. Both groups should be aware of right-0f-way laws in the areas where they frequent. In general, pedestrians (including joggers) must follow these rules:

  • walk only in designated areas and utilize crosswalks where provided
  • if there is no sidewalk, stand or walk only the shoulder of a road
  • if there is no sidewalk or shoulder, stand or walk as close as possible to the outside edge of the road
  • if on a two-lane roadway, stand or walk only on the left side of the road
  • yield the right-of-way to all vehicles on the road, except as above

Be Alert

While distracted driving has received much media attention, distracted walking can also pose an additional risk of suffering personal injury. Pedestrians who are distracted by listening to music, talking on a cell phone or texting may not be as alert to potential dangers around them.

Pedestrians who are injured in an accident should promptly discuss their rights with a personal injury lawyer. Contact the experienced, dedicated personal injury and pedestrian accident attorneys at Brownstein & Nguyen.

 

Filed Under: All Postings, Personal Injury
posted on September 24, 2015 by

Dangers and Risks of Semi-Trailer Truck Accidents

Unfortunately, semi or tractor-trailer truck accidents are often much more serious than car accidents. Due to a truck’s increased mass and physics, a large truck is capable of doing heavy damage and can cause serious, sometimes fatal, injuries. Knowing the most dangerous risk factors can help keep you safer on the road. Atlanta personal injury lawyers Brownstein & Nguyen have assisted in truck accident cases, and want you to be aware of the following variables often involved in truck accidents in Georgia.

Wide Turns

Due to their length, semi trucks make extremely wide turns. Drivers of other vehicles may not be consider a truck’s turning radius, so they may not give the truck a wide enough berth at intersections. Novice truck drivers may also underestimate their vehicle’s size, and assume that they have more room to safely turn than they actually do. As a result, truck operators might inadvertently smash the back of side of their vehicle into surrounding objects including curbs, light poles, vehicles, and even buildings or overpasses. Depending upon the mass of the truck and the speed at which it’s taking the turn, the resulting collision could be quite serious.

Increased Stopping Distance

AccidentBasic physics dictates that the more mass an object has, the harder it is to stop moving once it is in motion. This applies to all objects, including semi trucks. Most drivers know instinctively that trucks have more mass than cars do, but they may not have that same intuitive understanding of the required stopping distance of a big truck. Motor vehicle drivers might maneuver around a truck in very dangerous ways, which could be comparatively safe around a car.

Even savvy car drivers don’t necessarily think about the increased mass that the contents of a truck create. Semis in particular have the capacity to store large amounts of cargo, which can add considerably to the truck’s mass, and in some cases increase risk with the transport of hazardous materials. That truck on the road could be empty, or it could be full of goods, which could add greatly to the vehicle’s stopping distance.

Jackknifing

Semis are different from other trucks because their trailers must follow the lead of the tractor or cab that is driving them. This makes tractor-trailers particularly prone to a phenomenon called jackknifing, where the truck cab turns too suddenly or sharply for the trailer to follow, forming the same shape as that of a jackknife. Jackknifing is particularly common in hazardous weather and road conditions where vehicles skid, such as snow, sleet or rain. Additionally, if a semi is poorly loaded the contents may slide around when the vehicle stops. If the semi comes to a sudden stop, that rapid shift may be enough to make the vehicle jackknife.

Increased Risk on Georgia Roads

In 2011 a change in Georgia state law reduced the amount of inspectors checking trucks for safety. With less inspectors came fewer truck inspections, and consequently more unsafe trucks and drivers left on the road. This dangerous combination has resulted in more trucks on the road and less federal regulatory compliance. As a result, Georgia saw a 38% increase in commercial vehicle accidents from 2011-2013.

Whether you’re driving a car or a truck on the road, it’s always a good idea to keep in mind the potential hazards of trucks, for your safety and that of your loved ones. Any of these factors can become incredibly dangerous on the road, and can take other drivers by complete surprise. If you have been involved in a commercial truck accident, you should consult with an experienced personal injury attorney that will confidently assess your case. This is especially important because trucking cases involve complex rules and regulations that are not typically present in automobile injury cases. Our team at Brownstein & Nguyen is able to assist in these types of cases. Please feel free to contact us using the contact form to the right or by calling us at 770-458-9060.

Filed Under: All Postings, Featured, General News, Personal Injury
posted on September 18, 2015 by

Contract Disputes

Starting a new business can be an exciting time for all involved, especially business partners. It is important not to neglect certain legal matter that might seem like non-issues in the beginning. Failure to protect each party during the life of the business in the event of a dispute or serious disagreement can result in a major legal headache later.Disagreement

Keeping it Professional

There is no such thing as “we don’t need to be formal – it’s just friends and family.” When it comes to business, everything should be done by the book. That is why business partners need to work with an experienced business attorney to craft a partnership agreement that covers common issues including:

  • Fiduciary responsibilities of partners
  • Financial issues, including stock ownership, compensation and debt
  • How disagreements will be resolved
  • Recourse for breach of contract
  • Exit plan if a partner decides to leave

Having a solid partnership agreement will help prevent some contract disputes from occurring. However, even with the best intentions and planning by the parties, there is a chance that a dispute might arise that threatens the ongoing survival of a business.

Business and Contract Disputes are Always Possible

In business, disputes between partners and owners can result in lengthy legal battles. This can happen even where the partners took necessary precautions at the outset and crafted an exit plan detailing how to resolve disagreements later on.

As an example, consider the recent Georgia Court of Appeals’ decision in the case of Krieger v. Bonds. In that case, two partners in a closely-held corporation entered into what is commonly known as a buy-sell agreement when they formed the business. The agreement provided for the re-purchase of a withdrawing partner’s stock by the remaining partner in the event the partners decided to part ways. The parties followed the agreement, but communication broke down before the stock sale closed, leading one partner to sue the other to enforce the agreement. Due to numerous disputed facts about exactly what occurred, the court held that the case should be decided by a jury.

Legal cases like Krieger highlight the need for effective legal counsel, both when forming a business and later on when a disagreement occurs. While careful planning and a written partnership or shareholder agreement are a must, they can not prevent disputes from occurring. When problems surface, it is important to consult with a business litigation attorney as early as possible.

Brownstein & Nguyen founding partner Jay Brownstein has the experience, legal knowledge and business acumen necessary to provide trusted guidance and skilled representation in a variety of cases including breach of contract, partnership disputes, investor fraud, employment agreements and similar matters.

If you are involved in a shareholder, partnership or contract dispute, contact the experienced Atlanta business litigation attorneys of Brownstein & Nguyen.

Filed Under: All Postings, Business Law
posted on September 11, 2015 by

Studying in the United States

At Brownstein & Nguyen, we assist families and individuals pursuing their dreams by meeting their various immigration law needs. In some cases this may mean working with clients to obtain work visas, and in other cases it may mean assisting them in obtaining student visas.

Student Visa Facts

When it comes to entering the United States as a student, there are two types of student visas that may be obtained. The F-1 student visa is for those wishing to pursue academic study, while the M-1 vocational student visa is for those wishing to pursue vocational or recreational study.

Visa Renewal and Terms

Visa Limits

Each year, about 500,000 individuals take advantage of the opportunity to study in the United States with an F-1 student visa. There is no limit to the number of F-1 visas that may be issued each year. It is important to keep in mind that applying and being accepted into an academic program of study makes the process of obtaining an F-1 student visa easier.

Similarly, for individuals wishing to take on vocational or recreational studies there is no limit to the number of M-1 vocational student visas issued each year. However, it is recommended that acceptance into a vocational program or institution is obtained prior to pursuing an M-1 vocational student visa.

Navigating the requirements and legal process involved in gaining a student visa can be difficult at times. Experienced Atlanta immigration attorney Tien Nguyen is familiar with the law and procedures, and confidently assists those wishing to pursue an academic course of study or vocational course of study in the United States. If you or a loved one are in need of assistance in obtaining an M-1 vocational student visa or an F-1 student visa, do not hesitate to reach out to the Atlanta immigration law offices of Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
posted on August 28, 2015 by

Have you Experienced Whiplash from a Car Wreck or Accident?

It is not uncommon to experience back or neck pain after being involved in a motor vehicle wreck, or car accident. Often, the unexpected impact that takes place in a vehicle collision can cause pain in the form of whiplash. The American Chiropractic Association states that whiplash is most commonly seen injury among people involved in motor vehicle accidents. Whiplash injuries involve the sudden acceleration and deceleration of the head in a car crash or other accident. The whip-like movement places tremendous force on the bony structures, tissues and nerves of the cervical spine, often creating micro-tears and other damage. For more information about these injuries, check out this research article.   

Signs of WhiplashAir Bag Deployment

Whiplash most commonly involves pain and stiffness in the neck. However, WebMD identifies the following symptoms:

  • Headache
  • Dizziness
  • Nausea
  • Difficulty swallowing
  • Blurred vision
  • Vertigo
  • Ringing in the ears

Experiencing a headache is the most common side effect of whiplash. The resulting headache is often felt at the base of the skull after experiencing the whip-like motion from a sudden impact, typically from a rear-end collision. It is common for individuals to first experience whiplash symptoms hours or even a few days after an incident, rather than immediately after the injury. Depending on an individual’s health and other circumstances, symptoms may not be felt for up to 2 to 48 hours after the injury. This delay in symptoms is not always understood, but may be compared to the delay in feeling sore muscles after working out or other physical exertion.

If you have experienced or are experiencing a nagging headache after a motor vehicle accident, or any of the other symptoms related to whiplash injuries, it is important to you see a medical professional as soon as possible.

If you have suffered a whiplash or head injury after a car accident, our Atlanta personal injury lawyers may be able to help. Contact Brownstein & Nguyen for a free consultation regarding your legal rights today!

Filed Under: All Postings, General News, Personal Injury
posted on August 21, 2015 by

ACT – Plan Ahead for Elder Care

According to the Alzheimer’s Association, nearly 60% of all nursing home residents suffer from Alzheimer’s or another form of dementia. With these rates, Special Care Units (SCUs) exist within many nursing homes and long-term care facilities to better meet the needs of this specific population.long term care

As families turn to nursing homes or skilled nursing facilities for the care of their loved ones, they are often faced with a myriad of decisions. The National Institute on Aging offers several tips for finding the right type of care facility for your loved one. The most important tips can be broken down to the acronym ACT.

A-Ask

It is okay to ask questions of potential care facilities and staff – a lot of questions. The quality and nature of the answers (or lack of good answers) will help inform your decision. Also, tap into existing networks of friends, relatives, social workers, medical professionals, and even clergy for suggestions. Chances are that someone you know has been through a similar situation with an aging loved one, and may be able to provide useful advice.

C-Call

Use the suggestions from family and loved ones to compile a list of facilities that are recommended. From this list, begin calling each facility. Think of all pertinent questions including location, care options, cost, quality, and available programs. Again, the more questions asked up front the better informed your decision will be. No one can foresee the future; all you can do is make the most informed decision possible.

T-Talk

This one involves face-to-face interaction that must take place with an actual visit to the facility. Ask residents and staff about the care. Chat with them about how well they enjoy working or living in the facility. Carefully observe the interactions between residents and staff while visiting. Does it seem that residents’ well-being is a priority, and that they are made to feel welcome and cared for? Finally, while meeting and greeting staff members, ask how long they have been with the facility. When key staff members such as the director of the facility, head of nursing, or food preparation seem to change often, that may indicate an issue.

Asking, calling, and talking are helpful in determining which options may be best in caring for an elderly loved one. It might also be helpful to consult with a lawyer familiar with cases of nursing home neglect or abuse prior to visiting a facility, and especially before agreeing to admit a family member. Atlanta attorneys Brownstein & Nguyen have years of experience dealing with the difficult situations that arise in cases of nursing home neglect and elder abuse. Contact Brownstein & Nguyen for a free consultation today.

Filed Under: All Postings, Elder Care/Malpractice
posted on August 14, 2015 by

Improper Use of Anesthesia: Past to Present

The medical field has come a long way. For example, if we take a trip through history to the nation’s first hospital in Philadelphia, Pennsylvania, one will find a historic operating theater. From 1804 to 1868, operations were performed there using only sunlight. During this time, before modern anesthesia, patients had one of three choices to reduce pain during surgery. The choices included partaking in opium, whiskey, or being hit over the head by a mallet to mask the pain of the surgical knife.

Fast forward 200 years, and modern medicine and operating standards have advanced significantly. Of course, this includes the practice of anesthesiology. However, even with the advancements in medicine and surgical practices, there are still risks involved.

Anesthesia Errors

When it comes to surgery, mistakes related to anesthesia can be even more dangerous than errors made during surgery. Such mistakes include the anesthesiologist failing to properly investicate the medical history of a patient for potential complications, or not informing a patient of the risks associated with the failure to follow preoperative instructions.

Additional anesthesia errors that occur during surgery may include:

  • Vital signs improperly monitored
  • Overdose of anesthesia
  • Improper placement of breathing tube in trachea
  • Use of defective or non-sterile equipment
  • “Waking anesthesia” (conscious while under anesthesia)

Any of the above errors could lead to a viable medical malpractice case. If you or a loved one have experienced the improper use of anesthesia during surgery, it is critical to consult with an experienced medical malpractice attorney to review your situation and to navigate the complex rules associated with medical malpractice cases. Contact the medical malpractice law offices of Brownstein & Nguyen today for a free consultation.

Filed Under: All Postings, General News, Personal Injury
posted on August 7, 2015 by

Back to School Drivers and the #itcanwait Campaign

Many schools in metro Atlanta opened their doors to students in early August. Among the high school students are those armed with a license to drive! In an effort to help steer students in the right direction, Students Against Destructive Decisions (SADD) is ramping up for September’s “It Can Wait” campaign.

It Can Wait

AtlantaThe campaign does not limit itself to students. It Can Wait applies to anyone behind the wheel of a car. With so many distractions in a vehicle, answering texts, emailing, searching the web, dialing numbers, and even using voice-activated capabilities only add to the dangerous mix. The It Can Wait campaign encourage drivers of all ages to remember that the text, call, email, or other task they want to do with their smart phone while driving a car can wait!

Why Is This Campaign Important?

Research shows that drivers engage in so many more activities while driving than just texting. With this data, it is critical to get out the message of stopping texting and other phone-related distractions while driving.

How can you get involved?

You can take the pledge to keep your eyes on the road at itcanwait.com. While there, you can also learn about helpful apps that help keep your eyes and attention on the road while driving to avoid the tragic consequences associated with using a smartphone or other device while driving. We owe it to ourselves, our loved ones and others on the road to stop the dangerous trend of distracted driving.

Filed Under: All Postings, General News, Personal Injury
posted on July 31, 2015 by

How Does the SCOTUS Ruling Impact Immigration Law?

Tattoo_withchildThe SCOTUS ruling marked a historic achievement for equality and same-sex marriage unions. The Supreme Court ruled that same-sex couples should have the same rights as their heterosexual counterparts. This decision applies to all Americans, which means that legal immigrants are also entitled to enjoy the benefits of the ruling.

Under the ruling, same-sex couples’ visa applications should now be handled like comparable heterosexual applicant proceedings. With this new ruling, American citizens can now sponsor their international same-gender partners. The Citizenship and Immigration Services Department can now legally recognize all couples, no matter their sexual orientation. The only limitation is in cases where the individuals involved are unregistered. CIS states that the restriction is eliminated when individuals involved get married and adjust their status. The only recognized marriage is to a legal citizen.

Under US 2013 rules, a citizen can sponsor their same gender foreign spouse with an immigration visa. Green cards are awarded to individuals legally married to American citizens. Visa applications are now blind to sexual orientation, and the SCOTUS ruling opened an opportunity for same-sex couples to apply for citizenship. Spouses will also benefit from green card lotteries and their partners can gain permanent residence status.

The SCOTUS ruling has resulted in several updates in the immigration law that will directly affect homosexual couples who have previously been prevented from applying for visas or green cards. For legal advice on how the SCOTUS ruling might impact your visa or green card application, contact us at Brownstein & Nguyen today.

Img via Wikipedia Commons

Filed Under: All Postings, Immigration
posted on July 21, 2015 by

Construction Site Dangers

The Occupational Safety and Health Administration (OSHA) administers and enforces health and safety regulations in the workplace for most industries. Many of these regulations pertain to standards as they apply to construction, record-keeping, agriculture, and general industry.

Construction is a Dangerous Tradeconstruction work accidents

With construction once again booming in metro Atlanta, it is important for those involved in the construction industry to be aware of certain facts and figures regarding workplace accidents. There are four categories of fatalities that OSHA refers to as the “Fatal Four.” These include falls, being struck by objects, electrocutions, and “caught in between” accidents. The following statistics are a stark reminder of just how dangerous working in construction can be:

  • In 2013 828 or 20.2% of work related fatalities were in construction
  • The “Fatal Four” were responsible for 57.7% of construction related deaths
  • 478 lives would be saved with the elimination of “Fatal Four” hazards

Most Violated OSHA Standards

OSHA has identified 10 workplace safety standards that are most frequently violated. Among the top 3 are fall protection in construction, hazard communication in general industry, and the proper use of scaffolding in construction.

Duty to Have Fall Protection

Safety on the job site should always be priority one. When working on roofing, framing or other building structures, construction workers are commonly 2-4 stories up and sometimes much higher. A fall from this height would most certainly cause severe injury, if not a fatality. Fall protection as required by OSHA often includes the use of a harness and rope. Guardrail systems, safety net systems, and personal fall arrest systems are often used, as well.

Chemical Hazard Communication

The U.S. Secretary of Labor, Hilda Solis, stated: ““Exposure to hazardous chemicals is one of the most serious threats facing American workers today. Revising OSHA’s Hazard Communication standard will improve the quality and consistency of hazard information, making it safer for workers to do their jobs and easier for employers to stay competitive.” These standards have been updated, and there is now a global system in place to label and classify chemicals for more streamlined hazard communication. Images are used to help convey the various hazards associated with hazardous chemicals.

General Requirements for Scaffolding

Scaffolding use in construction has specific guidelines that must be followed. These include the capability of supporting at least 4 times the maximum weight of the intended load, use of counterweights on suspended scaffolds for balance, and direct connections to a floor or roof for non-suspended scaffolding. In meeting each of these requirements, there are additional standards for counterweights, suspension ropes, and other elements involved.

Maintaining compliance with all OSHA construction safety standards may not always be easy or cheap, but it is imperative when lives are on the line. Should you or someone you know be the unfortunate victim of a construction or work related accident as a result of OSHA non-compliance, contact our Atlanta personal injury attorney offices for a free consultation.

Filed Under: All Postings, General News, Personal Injury
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