Facts And Stats On Motorcycle Accidents In The US

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Due to the nature of their vehicles, motorcyclists rarely escape accidents unscathed. Their medical bills are often sky-high, and the injuries are more often than not, serious. Here are a few things people need to know about motorcycle accidents on U.S. roads.

• Motorcycle riders are 35 times more likely to figure in serious accidents than motorists in cars. Factor this in with the knowledge that over 10 percent of all road accidents in the U.S. happen to motorcyclists.
• Head injuries account for most of the deaths in severe motorcycle accidents, which is why helmets are crucial. In fact, wearing helmets reduce the risk of death by approximately 40 percent.
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  Over 50 percent of the deaths involving motorcycles also involved at least another vehicle.

• Over 40 percent of motorcycle accidents that resulted in the death of the rider happened when the other vehicle was turning left, and the motorcyclist was moving forward at a great speed.
• The two leading causes of motorcycle fatalities that did not involve another vehicle are speeding and driving under the influence of alcohol.
• The main reason for motorcycle accidents is because of the lack of protection for its rider. Other causes include less-than-ideal weather conditions, turning without the use of a signal, disregard for the rules of the road, inexperience, driving under the influence of drugs or alcohol, vehicular or road defects, or intentional crashes.

Sheeley Law is a law firm that specializes in multitude of legal issues, including motorcycle accidents. For free case evaluation, visit this website.

What People Need To Know About Dog Bites

Although dogs are known to be man’s best friend, they are still animals, and they will never lose that instinct. While some dog lovers may frown on reports of dog attacks, the reality is they do happen. Though the notion that certain dog breeds are more likely to attack people is hotly debated, what is commonly agreed upon is that people significantly influence the behavior of dogs. Take for example two dogs of the same breed. The first dog is taken care of and shown affection by its owners. The second dog is trained to attack (whether people or other dogs). It’s fairly obvious that dog number two is more likely to attack people.

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Here are some facts that people should know about dog bites.

i) On an average, more than 4.5 million in the United States are bitten by dogs. That’s approximately 2 percent of the population.

ii) The average deaths from dog bites jumped from 15 to 17 in the 1980s and 1990s, to 25 to 26 in the 2000s.

iii) Over three-fourths of dog bites are from pets, and around half of dog attacks happen where the dogs live.

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iv) An overwhelming percentage of dog attacks that lead to a person’s death on an owner’s property are committed by pit bulls.

Sheeley Law provides results-oriented representation for victims of cases such as dog bites. For more information about the legal issues handled by the firm, visit its website.

Dogged: An Overview of Policy and Strict Liability Under Rhode Island’s Dog Laws

Owners of pets, especially pet dogs, are prone to anthropomorphism or attributing human traits to their beloved canine companions. Such outlook should not be objectionable per se as it is the pet owner’s prerogative.

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However, in light of Rhode Island’s dog laws, and the state’s employment of strict liability in reference thereto, it is important to keep in mind the standpoint the law utilizes with respect to dog bite injury liability – that is, pet dogs are “property,” and correspondingly, the government, through federal, state, and local laws, may regulate the ownership or manner of ownership of pet dogs.

To be precise, dog owners do not have absolute dominion over their pets. The state, through laws, rules, ordinances, or regulations, intervenes when the dog owner or dog keeper is found liable, either by act or omission, for the actions of its pets, especially when harm or injury is caused to third persons or their respective properties.

The basis for the said state intervention is this concept called “police power.” Police power is the power granted to local government units to establish and enforce laws protecting the welfare, safety, and health of the public.

As mentioned, Rhode Island employs “strict liability” when it comes to the implementation of its dog laws – this means that once a dog causes injury to third persons or other domestic animals, the owner or keeper of the offending canine is automatically liable therefor. The aggrieved party need only show the amount of damages he or she claims to be entitled to.

It is important to note that “strict liability” is applied only when the errant canine causes injury while outside the property of its owner or keeper. When damage or injury is suffered within the property of the dog owner or keeper, a different set of rules apply.

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Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Sealing Of Criminal Records: Expungement Explained

Whenever a citizen commits a crime or a felony, no matter how large or how small, the government keeps a record of what transpired during its occurrence. It also doesn’t matter if the person was acquitted or if the case was dismissed, there will still be a file about the charges. Those records are government property, and they are available to the general public. That means that if someone wants to do a background check, then they can get those files with very little effort.

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To prevent ordinary people from viewing one’s legal files, a person can ask the court for an expungement. This means that the criminal records of a resident will be sealed or destroyed so that no one will be able to see them. Needless to say, there are multiple benefits that this can provide to a person with a record.

During the job application process, there is a section in the form where it asks the applicant if he or she has ever been convicted of a crime. This will put them in a very precarious situation, even if the crime committed was just very minor. They could lie by saying no and violate the law once again, or they could answer truthfully and risk not getting the job. With an expunged record, citizens can answer no with confidence. Furthermore, when a person is applying for a loan, agencies are likely to think that a person who has a record will be unable to pay it off. An expungement will help considerably to acquire a loan with ease.

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Ann S. Sheeley possesses over 25 years of experience as a civil litigation attorney. She has managed hundreds of cases during her career, overseeing them from initial client contact through arbitration and trial proceedings. To seek her help, click here.

Road Safety Reminders For Motorcycle Riders

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Riding a motorcycle is a convenient way to travel. However, it is not always the safest. Riders of all levels should keep in mind that their safety is of utmost importance. Here are road safety reminders for all riders regardless of age and level.

Buy a suitable bike. The rider must feel secure in his or her own ride to ensure safety on the road. Choosing a bike that fits the driver well from the handle to the pedals will provide comfort and ease even during bad weather.

Wear the right gear. Road safety professionals can never stress this enough. From head to toe, riders must ensure that they are suited up for protection. Wearing a full-face helmet, jacket, gloves, and boots will not only shield the driver from pollution or the harmful rays of the sun, but it will also prevent injuries in case of an accident.

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Be defensive. Being alert especially while on the road is a must. Riders must choose a safe place where all potential hazards are in full view. Anticipating the actions of other vehicles will also prevent oversight. Most importantly, observance of road signs and traffic rules will make travelling safer.

In the case of an accident, a rider, his family, or concerned witnesses must report it immediately to authorities. Seeking legal action, especially in the case of injury or damage must be done at the earliest possible time. For a case like this, a personal injury or a motorcycle lawyer will provide proper assistance for the parties involved.

Sheeley Law LLC provides results-oriented representation for victims of motor vehicle accidents and other acts of negligence. Learn more about the firm’s practice areas here.

Workers Compensation Claim Denied: What’s Next?

A trade-off between an employer and employee, worker’s compensation protects the rights of employees who are injured during the course of their employment. The compensation, depending on the nature and complexity of the case, varies, taking the form of wage replacement, medical benefits, or other forms of financial support.

Like a personal injury claim, however, a worker’s compensation claim can be denied. When a claim is denied, it simply means that the employer, or in most cases, the insurance company, believes that a person’s claim is not covered or eligible for compensation according to the law. Among the most common reasons for denial are the late filing of the claim, lack of witnesses, and discrepancy in medical records.

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Once a claimant receives a note stating the illegibility of his or her claim, the first step is to review the grounds for denial and learn the procedure for appeals, specifically the deadline and requirements for filing. And because some denied claims can be due to erroneous paperwork and processes, it is also essential for workers to talk directly to their employer or insurance company prior to filing an official complaint in any court.

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If the appeal is denied, the final step is for the employee to contact a lawyer specializing in worker’s compensation as soon as possible. An attorney will determine the best alternatives and solutions for a denied worker’s compensation claim.

For more articles about worker’s compensation, subscribe to this Ann S. Sheeley
blog.

Criminal Defense Law: Entrapment as an Affirmative Defense

A defendant can use an affirmative defense to prove that, while he committed a crime, he cannot be held criminally liable for it. An affirmative defense is a legal justification that excuses the defendant from punishment.

Entrapment is an affirmative defense. Entrapment occurs when a defendant had no intention of committing a crime but was coerced into doing so by a member of a law enforcement or government agency. The law requires the defendant and his legal counsel to provide evidence according to one of two standards to prove entrapment.

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Subjective v. objective standards

U.S. federal courts and the majority of state courts employ the subjective test to determine whether entrapment has taken place. This test focuses more on the defendant’s actions, state of mind, or motivations; and whether she was already predisposed to commit the crime regardless of the police officer’s actions. For a defendant to prove entrapment under the subjective test, the defendant must show that the law enforcement agent forced her to commit a crime she would not have committed without the agent’s inducements.

The handful of states that use the objective test focuses more on the level of inducement that the police officer applied to the defendant. Instead of providing evidence on their motivations and state of mind, defendants must provide evidence that shows that the law enforcement agent’s conduct would have forced even a normally law-abiding person to commit a crime.

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Entrapment example

The defendant is a heroin user with no previous history of dealing drugs. An undercover police officer tries to buy heroin from her. The defendant refuses. The police officer calls and visits the defendant daily for weeks to convince her to sell. Eventually, the officer threatens to report the defendant if she refuses to sell him drugs. After a week, the defendant breaks down and sells the cop heroin.

This scenario can be considered entrapment under both the subjective and objective standards:

Subjective: The defendant had no prior history of selling drugs and had no predisposition to do so.

Objective: The undercover police officer used an excessive level of inducement, using threats and blackmail, to force the defendant to commit the crime.

Proving entrapment can be extremely difficult as defendants have to prove entrapment by a preponderance of evidence while showing they were not predisposed to commit the crime.

Hiring a criminal defense lawyer can mean the difference between freedom and incarceration. For more legal discussions, subscribe to this Sheeley Law blog.

Criminal Defense Law: Entrapment as an Affirmative Defense

A defendant can use an affirmative defense to prove that, while he committed a crime, he cannot be held criminally liable for it. An affirmative defense is a legal justification that excuses the defendant from punishment.

Entrapment is an affirmative defense. Entrapment occurs when a defendant had no intention of committing a crime but was coerced into doing so by a member of a law enforcement or government agency. The law requires the defendant and his legal counsel to provide evidence according to one of two standards to prove entrapment.

Image source: siliconangle.com

Subjective v. objective standards

U.S. federal courts and the majority of state courts employ the subjective test to determine whether entrapment has taken place. This test focuses more on the defendant’s actions, state of mind, or motivations; and whether she was already predisposed to commit the crime regardless of the police officer’s actions. For a defendant to prove entrapment under the subjective test, the defendant must show that the law enforcement agent forced her to commit a crime she would not have committed without the agent’s inducements.

The handful of states that use the objective test focuses more on the level of inducement that the police officer applied to the defendant. Instead of providing evidence on their motivations and state of mind, defendants must provide evidence that shows that the law enforcement agent’s conduct would have forced even a normally law-abiding person to commit a crime.

Image source: wklaw.com

Entrapment example

The defendant is a heroin user with no previous history of dealing drugs. An undercover police officer tries to buy heroin from her. The defendant refuses. The police officer calls and visits the defendant daily for weeks to convince her to sell. Eventually, the officer threatens to report the defendant if she refuses to sell him drugs. After a week, the defendant breaks down and sells the cop heroin.

This scenario can be considered entrapment under both the subjective and objective standards:

Subjective: The defendant had no prior history of selling drugs and had no predisposition to do so.

Objective: The undercover police officer used an excessive level of inducement, using threats and blackmail, to force the defendant to commit the crime.

Proving entrapment can be extremely difficult as defendants have to prove entrapment by a preponderance of evidence while showing they were not predisposed to commit the crime.

Hiring a criminal defense lawyer can mean the difference between freedom and incarceration. For more legal discussions, subscribe to this Sheeley Law blog.

Personal Injury Torts: Causes Of Action Besides Negligence

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Personal injury cases are lawsuits that involve claims of injury as a result of a wrongful conduct, usually due to negligence. However, the same case may also be filed even if the injury was not due to negligence. These cases are known as intentional torts, where the defendant acts purposefully to harm the plaintiff. The most common examples are assault, trespass, battery, theft, false imprisonment, and infliction of emotional distress.

A tort within this category may involve a situation wherein the defendant may still be liable to the resulting injury even if he or she did everything possible to zero out the possibility of causing harm. This is possible when engaging in an extremely dangerous activity, even if it is legal and all precautions are taken. Transporting hazardous materials (HAZMAT) and building demolition are typical examples.

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Another common personal injury tort involves injuries caused by defective products, dubbed as product liability cases. Liability in these cases can be imposed based on faulty design and careless distribution of unsafe products. Because these cases frequently involve several plaintiffs, they have the potential to become large class action lawsuits.

Defendants and plaintiffs who wish to win personal injury cases are advised to hire legal counsel, taking into consideration the firm’s reputation and experience. For one, having an attorney will help avoid violating a statute of limitations (missing the deadline for filing the lawsuit), which is always a concern in personal injury cases.

Atty. Ann S. Sheeley graduated magna cum laude from the State University of New York at Albany and is currently practicing personal injury law, criminal defense, and workers’ compensation. For more about her, visit this website.

Misdemeanor Crimes in Rhode Island: Facts on Sentences and Fines

A misdemeanor is a lesser offense that is typically punishable by a a fine or penalty, and/or time in a county jail.  It’s less serious than a felony, but more serious than an infraction.

Most states organize misdemeanor violations into four or five classes, but Rhode Island classifies them into two types: Petty misdemeanors and regular misdemeanors.

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A person convicted of a petty misdemeanor in Rhode Island can face up to six months of prison time and/or a fine of up to $500.  Examples of petty misdemeanors include the following:

• Disorderly conduct
• Possession of alcohol by a minor
• Possession of one ounce or less of marijuana
• Sale, possession, and use of substances that release toxic vapors

Regular misdemeanors, on the other hand, are punishable by a fine of up to $1,000 and incarceration for a period not exceeding one year.  Examples of regular misdemeanors include the following:

• Obstruction of justice
• Shoplifting
• Vandalism
• Simple assault and battery
• Failure to render assistance to an injured person
• Driving under the influence of alcohol or drugs
• Possession of more than one ounce of marijuana

Apart from jail time and penalties, some misdemeanor convictions could also result in probation, court-mandated community service, or substance abuse classes.

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Those who are facing petty or regular misdemeanor charges should consult as soon as possible a criminal defense lawyer with experience in Rhode Island law.  A qualified criminal defense lawyer can represent defendants in court and provide valuable legal advice at every step of the process.

The legal team at Sheeley Law is dedicated to providing their clients with rigorous criminal defense representation.  For more articles on Rhode Island law, subscribe to this blog.