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Rochester Personal Injury And Criminal Defense Blog

Are online pranks illegal?

Many online influencers and entertainers perform pranks to appeal to their viewers. While some of these instances are considered to be in good fun, in other cases they may lead to injury, property damage, and even harsh legal reprisal. The New York Times explains when a prank crosses the line into a crime.

One case cited involved a group, who covered their faces and ran roughshod through a Long art gallery, all while shouting orders to abscond with valuable paintings. While there was no threat of an actual crime being committed, the court saw the situation differently. As a result of this prank, four of the men involved were issued jail sentences for inciting fear.

How can I get treatment for drug abuse?

If you’ve been charged with a drug crime in New Hampshire, chances are you have a long road ahead of you. In this case, drug treatment is often necessary to prevent further ill-effects, including problems with your work and ruined relationships with your loved ones. The National Institute on Drug Abuse offers the following insight so that people with substance abuse issues can get the help they need.

The first step is to understand just what makes for an effective drug treatment. There are a number of components that have been proven vital over the years, such as undergoing counseling or other types of behavioral therapy. In many cases, people suffering from drug addiction issues also have underlying mental health problems. Receiving treatment for these problems is crucial to ensure the person remains drug-free.

Falls can be fatal for older people

On paper, falls can sound innocuous. In reality, they can cause serious injuries, including broken bones and head injuries. In some cases they can even be fatal. Older people are at particular risk for being seriously injured in a slip-and-fall accident. This is because older people can lack the reflexes to catch themselves before they fall. And our bones can get more brittle as we age, increasing the likelihood that a fall will cause a fracture. For some, just the fear of falling can be enough to keep them from venturing out. This lack of activity can lead to weakness and lack of balance, making a fall even more likely.

The Centers for Disease Control and Prevention reports that every year, 3 million older people go to the emergency room for a fall. They also report that every year, 300,000 older people are hospitalized for a fall. Some of these falls may be pure accidents. But some could have prevented. And falls that could have been prevented invite a lawsuit.

Winter increases risk of slip and fall accidents

Winters in New Hampshire can be brutal, with lots of snow, ice and freezing temperatures. These conditions also increase the chances of slips and falls which can result in serious injuries. When these accidents happen on a business's property, the owner may be liable for the damages, especially if there was negligence on his or her part.

According to FindLaw, a property owner may be at fault if a known problem was not corrected or precautions were not taken. In terms of snow and ice, owners are typically not responsible for regular build up due to weather. However, abnormal accumulation due to certain preventable conditions is their responsibility. For example, if there is a slant to the sidewalk leading to the front door that causes ice patches, the owner may be liable for any subsequent falls and injuries.

Health and field sobriety tests

If you have been charged with driving under the influence or driving while intoxicated in New Hamsphire, you were likely asked to execute some tasks at the location of the initial traffic stop. Called field sobriety tests, these seemingly simple things can end up being very complicated. As explained by FieldSobrietyTests.org, there are three tests approved for use by the National Highway Traffic Safety Administration, none of which are completely accurate.

The accuracy rates of the three tests ranges from 65 percent to 77 percent. Many factors may contribute to a person's inability to pass one or more of these tests including their physical, mental and emotional health. Two of the tests require a person to be able to balance extremely well. This may be all but impossible for people with certain health conditions or problems with their feet, ankles, hips, legs or back.

The dangers of drunk driving

Receiving a drunk driving charge in New Hampshire is a very serious offense. Not only are there severe legal ramifications, driving drunk may also seriously harm you and other drivers. The following information illustrates just how deadly drunk driving can be and what you can do if you suspect you have a problem with alcohol.

As stated by the National Highway Traffic Safety Administration, nearly 29 people lose their lives in an alcohol-related crash on a daily basis. Young drivers have a higher risk of being injured while driving drunk, with people aged 25 to 34 encompassing 29 percent of all alcohol-related driving fatalities. Additionally, drivers 16 through 24 make up 39 percent of driving deaths linked to alcohol.

Do rural or urban accidents claim more pedestrian lives?

Some people may think that fatal pedestrian accidents are far less common in rural areas for a number of reasons. For example, they may assume that traffic is less hectic and that drivers, as well as pedestrians, will be able to pay better attention to the road and avoid an accident. However, these types of accidents can claim the lives of pedestrians anywhere there is traffic, and many lives have been lost in rural areas over the years.

The Federal Highway Administration has published information that offers a comparison of the number of fatal pedestrian accidents in rural locations versus urban areas. The FHWA references a review which analyzed over 200 studies and found that pedestrian accidents which happen in rural areas are more likely to result in the loss of a pedestrian’s life, even though more pedestrian accidents take place in urban locales. In their study, the FHWA also found that pedestrian fatalities were more common in rural parts of North Carolina than in urban areas of the state between 1997 and 2002.

What should I do if involved in a hit and run?

It can happen when you least expect it; one moment you’re tooling along and the next you’re involved in an accident and the responsible party has fled the scene. While this can be an extremely frustrating experience there are steps you can take to mitigate the damage. State Farm recommends the following advice in this case, which will help both you and your vehicle remain protected after a hit and run.

Stay on the scene

Bit by a dog? Your right to compensation for your injuries

Dogs can inflict serious injuries, especially on children. According to the University of Minnesota, approximately 370,000 people face serious injury from aggressive dogs per year, and nearly 50% occur to children under 14 years old. You want to protect your children from harm, and although you took precautionary measures, an aggressive attack gave your children serious injuries.

Under New Hampshire law, you can seek valuable compensation for injuries related to dog bites, both physical and psychological. Know that if you or your child faced injuries – whether life-threatening or easily overcome – a court may rule that you deserve reimbursement for various costs. When working toward receiving your compensation and recovering from injuries, you may wish to hire an experienced personal injury attorney to help you in fighting for your or your child’s right to damages.

Portsmouth man arrested after firing at fleeing "intruder"

A common response to any accusations of criminal behavior leveled against Rochester residents may be that the supposed perpetrator thought that it was justified. This may cause many to roll their eyes in disbelief, yet people may indeed be encountered with situations where they or their loved ones feel threatened. For example, there may be scenarios where the law does indeed permit people to use force against another who is deemed threatening. People's perceptions of threats, however, may vary, which is why it is left to the law to set a standard definition. 

A Portsmouth man was apparently in violation of that standard when he chose to open fire on a young man who had mistakenly entered his home. The young intruder reportedly came to the home thinking that a gathering was there (when it was actually at another residence). The young man entered the unlocked door (as he had been instructed by his friend who lived there) and instead encountered the terrified residents. The young man immediately fled, yet was pursued by the homeowner, who then shot at him as he was driving away from the scene. 

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