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Holding a Gun Owner Liable for an Accidental ShootingStatistics on gun violence mostly focus on the number of deaths, but twice as many people are wounded by firearms. According to a recent study by the Everytown for Gun Safety Support Fund, more than 73,000 people are shot and injured in the U.S. each year. Shooting injuries can happen for a variety of reasons, including attempted homicides, self-inflicted wounds, and weapon malfunctions. It is also possible to be accidentally shot due to someone else’s negligence, for which you can receive personal injury compensation by filing a lawsuit.

Proving Liability

A person can be liable for causing an unintentional injury with their firearm, even if they do not face criminal charges. You will have a stronger case to hold someone liable if you can prove that the shooting was caused by negligence and not simply an accident. Examples of negligence by the gun owner includes:

  • Carrying or handling a firearm in a way that increases the risk of accidental discharge
  • Using a firearm while under the influence of drugs or alcohol
  • Pointing a firearm at someone without intending to fire

Gun owners are expected to exercise reasonable care when handling their weapons. Witnesses to the shooting can help you establish that the gun owner showed a lack of caution that put you at risk of being shot.

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What Can Skew the Results of Blood and Breath DUI Tests?Though not the only form of evidence in a case of driving under the influence, the results from a chemical sobriety test can strongly support the claim that you were legally intoxicated at the time of your arrest. Unlike observations of your behavior, courts view the blood or breath test results as objective evidence because they measure your blood alcohol concentration and detect illegal substances in your body that may have impaired you. However, testing above the BAC limit does not always mean that you were intoxicated. Your DUI defense attorney will look into possible reasons why the test results may be inaccurate.

Breath Tests

During a traffic stop, a police officer who suspects that you are intoxicated may ask you to provide a breath sample using a portable device, such as a Breathalyzer. Breath tests are quicker and easier than blood tests but are also more prone to error:

  • Residue from substances such a mouthwash and breath fresheners may have trace amounts of alcohol in them that skew the test results.
  • The presence of nearby chemicals such as paint or adhesives can cause false results.
  • The test uses hardware that must be regularly calibrated to ensure accuracy and software that may be vulnerable to glitches.
  • The officer should conduct the breath test multiple to see that the results are consistent.

Blood Test

A police officer is more likely to take a blood sample at the police station or a hospital if you are being treated for injuries. While a blood test is considered the more accurate chemical sobriety test, there is still a possibility of inaccuracies:

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Three Financials Disputes That Can Affect Your DivorceMoney is a common issue for married couples to argue over. So, it should be no surprise that financial strife is one of the most common reasons that people give for getting divorced. Unfortunately, these same money problems can continue during your divorce negotiations. Because it is important to come out of a divorce with financial security, you should understand how different financial problems from your marriage can affect your divorce. Here are three examples of monetary disputes that divorcing spouses may have:

  1. Heavy Debt: The stress of being unable to keep up with debt payments can break your marriage. Part of your divorce will be figuring out how to divide your marital debts, which you share just like with marital properties. You can divide the debt based on which of you was more responsible for each debt or which of you is more capable of repaying it. Your divorce agreement should state which debts each of you are responsible for in case a creditor comes after you because your former spouse failed to repay the debt.
  2. Different Spending Habits: Sometimes, your attitude towards how you spend your money can lead to disagreement, even if it does not cause problems with debt. You or your spouse may be more comfortable making big purchases, spending on luxury items, and going into short-term debt. This can cause a disagreement during your divorce on what are necessary expenses and how much spousal maintenance one of you should pay. Creating a responsible budget is an important part of life after divorce, and you should not be subsidizing your former spouse’s reckless spending.
  3. Financial Infidelity: A person commits financial infidelity when they hide major expenditures or assets from their spouse. The betrayal of trust can destroy your marriage if you discover financial infidelity, but there are also practical concerns you must address during your divorce. Are you liable for debts that your spouse created without your knowledge? Is your spouse still trying to hide assets that should be included in the division of marital property? You need to investigate the extent of the damage that your spouse’s financial infidelity has caused.

Contact a McHenry County Divorce Attorney

Divorce is a chance to improve your financial future, whether you believe that your spouse’s decisions were harming you or you are trying to break bad habits from your marriage. A Crystal Lake, Illinois, divorce lawyer at Botto Gilbert Lancaster, PC, can discuss how to stabilize your finances after a divorce. Schedule a free consultation by calling 815-338-3838.

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How Workplace Injuries Can Lead to AmputationAccording to a 2017 survey by the U.S. Bureau of Labor, one out of every 20,000 workers suffers a workplace injury that results in or requires an amputation. However, that statistic is deceptive because it includes all workers, including those at jobs where there is virtually no chance of someone losing a body part. Manufacturing, construction, and agriculture are the industries with the highest rate of amputation injuries, which may be as high as 2.1 out of every 10,000 workers. There are several reasons why amputation injuries are more likely to occur in these industries.

What Causes Amputations?

A workplace injury may result in someone losing a body part if the part was cut off during the incident or damaged to the point that a doctor was forced to amputate it. According to the U.S. Occupational Safety and Health Administration, amputation injuries can occur when a worker:

  • Operates a machine that is used for actions such as cutting, pressing, grinding, and crushing
  • Sets up or performs maintenance on these machines
  • Handles heavy materials that may fall on and crush a body part
  • Uses tools that are capable of cutting or otherwise severely injuring someone

How Do You Prevent Amputation Injuries?

OSHA states that amputation injuries most often occur because guards on the machinery are not being used, workers are inadequately trained to use the equipment, or proper safety procedures are not in place. To prevent these accidents, OSHA advises that employers should make sure that:

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What Makes Rush Hour Driving Dangerous?For most people, rush hour is their least favorite time of day to drive anywhere. The periods between 7:30 and 9:30 a.m. and 4 and 6 p.m. on weekdays are when most people are traveling to and from work, causing heavy traffic congestion on roadways where you can normally travel at a high speed. Unfortunately, traffic crashes are common occurrences during rush hour because it combines several factors that increase the risk of getting into an accident. By being aware of these factors, you may be able to avoid your own traffic crash:

  1. There Is Less Room to Maneuver: Rear-ending a vehicle is one of the most common types of accidents during rush hour. Vehicles are often packed together, leaving less space than normal between them. When a vehicle in front of you unexpectedly stops or enters your lane, you have less time to respond and avoid an accident. You can better avoid hitting a vehicle by leaving extra space in front of you and driving cautiously.
  2. Everyone Is in a Hurry: Rush hour drivers are anxious to get to work on time or get home after work. Slow traffic makes many drivers impatient, which leads to speeding up whenever they get the chance and looking to change lanes in hopes that a different lane will be quicker. Though you may be in a hurry to reach your destination, your safety is your primary concern while driving. Avoid changing lanes unless it is part of your travel route. If slow traffic is a frequent problem, try leaving earlier to give yourself more time.
  3. Road Rage Can Flare Up: Some drivers’ reactions to rush hour traffic go beyond impatience. They may become furious at other drivers and the situation in general. Drivers with road rage are more likely to behave aggressively and make poor decisions. Try to remain calm and not engage with angry drivers.
  4. Sun Glare Is at Its Worst: Rush hour traffic often coincides with the times of day when the sun is rising and setting. Depending on the direction you are driving, you may have a problem with sunlight shining in your eyes and blinding you. It is important to use the sun visors in your vehicle and wear sunglasses.

Contact a McHenry County Personal Injury Lawyer

Suffering a vehicle accident during rush hour may cause serious injuries that require extensive medical treatment. If another driver was at fault for the crash, a Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can help you receive compensation for your medical expenses and personal suffering. Schedule a free consultation by calling 815-338-3838.

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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