Race-based Discrimination

Posted by on Feb 21, 2014 in Racial Issues | 0 comments

Workplace racial discrimination is the treatment of a person, whether an applicant or an employee, with prejudice or bias based on the certain race or characteristics associated with the race. It can also mean being discriminated according to the color of the skin or physical traits and features. Race discrimination is not only directed to a particular person, but they can also be directed to people who are married to or just even associated with a person of a particular race or color, a person who is connected to a raced-based association or group.

The practice of workplace discrimination based on race is deemed unlawful. Title VII of the Civil Act of 1964 defends people against any type of workplace discrimination, particularly based on race, color, sex, religion, and national origin. This act protects applicants and employee from discrimination from hiring, compensation, promotion, training, or other employment privileges.

According to the website of New York law firm Cary Kane, LLP, companies can be held liable for any discriminatory act in their company, and around the United States many companies have already paid millions of dollars in compensation for employees who were subject of workplace discrimination based on race. It is the company’s responsibility to prevent such discrimination in the office, and address any complaint filed by their employees. Employers and companies, in general, are encouraged to follow the “best practices” in order to reduce the chances of workplace discrimination as well as to address burdens so that employment opportunities are made available to everyone.

For employee who believes they have been discriminated or harassed in the workplace due to their race should first report their concerns to their respective supervisors, and then file a complaint to their human resources department. It is important to have proper documentation of the harassment or racial discrimination. If the company has refused to act on the complaint, then the employee may then file a claim to the Equal Employment Opportunity Commission, where the documented complaint will then be reviewed and investigated. It is important to file a claim with the EEOP first before filing a lawsuit against the employer. Different states have their own laws regarding workplace discrimination, therefore it helps to consult a lawyer who knows about discrimination laws.

Read More

Protecting Yourself with a Dash Cam

Posted by on Feb 20, 2014 in Electronics | 0 comments

Truck accidents many not be as common as other road accidents, but they are the ones that cause the most devastating damage and serious injuries. These major damages are mainly due to a commercial truck’s weight and size. Being a commercial truck driver is one of the most hazardous occupations there is in the United States today, yet despite the advocacies and laws regarding road safety, the public seems to disregard the dangers of driving next to commercial trucks. Specifically, there are areas around trucks referred to as “no-zones” that drivers should avoid driving in. These are spots where the truck driver’s ability to see you is impaired. Many people take advantage of trucking laws and believe they can get big money from the truck company’s insurance. This general confidence comes from the belief that in cases of truck accidents, the fault always falls on the truck driver, although this is not true all the time.

Trucking companies are spending money to try to dispel these assumptions. In order to guard the truck driver’s rights, many truck companies have invested in setting up dashboard cameras in front of their trucks. These dash cams (as they are most commonly called) help in protecting the drivers from false accusations or errors during an investigation of an accident. Many truck drivers have used these dash cams as defense in many road accidents that they were involved with.

Dash cams for commercial trucks are generally small with individual cameras that are mounted on the dashboards or windshields in front of the vehicles. These digital video recorders record everything that happens, and there are also variants that are installed in the back of the cab and record things that happen behind the vehicle. Some models are small and unobtrusive and others are bigger and more obvious to other motorists.

Many truck drivers feel like they are being unfairly targeted, especially in court during a commercial truck accident. These dash cams have become very handy for many truck drivers who have been involved in some kind of traffic offense and have been falsely accused of traffic violations or reckless driving. Many truck companies provide for dash cams in their commercial trucks, but truckers should also have their own personal dash cams, in cases where truck companies finds an offense against your driving.

Read More

Liability in Pedestrian Accidents

Posted by on Feb 17, 2014 in Car Accidents | 1 comment

When it comes to car accidents involving an automobile and a pedestrian, the general public immediately assumes that the fault lies on the driver of the vehicle. This may probably stem from the belief that the pedestrian always has the right of way, although in a legal standpoint this is not always correct. There are situations where a pedestrian can be the one at-fault in a car accident, whether wholly or partially.

A pedestrian can recover damages or compensation if the driver is the one clearly at fault for the accident. This compensation will be provided by the driver or his or her insurance company. However, a pedestrian will not be able to get any compensation if he or she carries the burden of fault in the accident, and the driver can even sue them for damages or injuries stemming from the pedestrian:

  • Disobeying traffic signals (crossing the street when the right traffic light is on)
  • Walking on areas where pedestrians are not allowed (such as causeways, bridges, and highways)
  • Coming into highways or streets while intoxicated,  and
  • Jaywalking

According to the website of the Dallas Law Offices of Mark T. Lassiter, when fault is shared between the driver and the pedestrian, different states have their own rules that they follow regarding shared fault in accidents, all based on two basic legal concepts. First is the comparative negligence, where the injured person also has an amount of fault in causing or contributing to the accident. Pure comparative negligence, an injured person will receive compensation, although deductions according to the percent equal to their share of fault will be awarded. A variation called modified comparative negligence gives the injured person the right to collect compensation provided that the injured person has less than 50 percent fault in the accident.

Another type of shared fault is contributory negligence, where any injured person involved in the accident can’t file a lawsuit against one another if they have any contribution to the accident. Basically, if anyone is partially at fault for the accident, both parties will be held accountable for their own injuries and can only file a claim from their own respective insurance company and not against each other.

Determining fault in an accident regarding a pedestrian and a vehicle requires more than witness reports. It also includes explanations from both parties, police findings from the investigations, and applicable laws relevant in the situation. Proving fault can sometimes be difficult, therefore hiring lawyers is required.

Read More

The Difficulties in Proving Medical Malpractice

Posted by on Feb 15, 2014 in Hospital Lawsuits | 0 comments

Medical malpractice lawsuits are among the hardest types of personal injury cases to win. Although there are many news about people winning their cases against negligent doctors or drug and product manufacturers, but these are not the common results in many medical malpractice lawsuits, generally losing the case is a familiar scene. From surgical errors, hospital negligence, medication mistakes, even to wrongful death, there are many factors that can affect the outcome of a medical malpractice case.

One of the hurdles in medical malpractice claims is proving the negligent behavior of the doctor or attending physician. Most evidences of negligent behavior can be found on doctor’s records, and they can be difficult to decode, and not many doctors accept that they have made as medical mistake that led to a personal injury. Just as breaking down doctor’s records, it can be just as hard to point out the doctor’s negligent actions is the cause of the injury. Most juries believe that medicine itself is a difficult profession, and with so many things to consider doctors often make mistakes or gambles to get a positive outcome.

Another obstacle is finding a qualified lawyers who are both proficient and understands medical malpractice laws. This is a type of personal injury that needs a specific type of lawyer, specializing in medical malpractice. One way to determine a good medical malpractice lawyer is to check if their workload has a significant percentage concentrating on these types of cases.

Before seeking a legal professional for your medical malpractice lawsuit, it’s best to ask  a personal injury attorney about their experience, not only in personal injury but more specifically in medical malpractice cases. The number of cases and the percent on which they handled and won are important things to consider when hiring a lawyer, and get one that you are most comfortable with handling your case. Medical malpractice cases are very difficult, therefore working with your lawyer together can help get better outcome.

Read More

Alcohol-Related Offenses

Posted by on Feb 11, 2014 in Alcohol Laws | 0 comments

People who have been charged with alcohol-related offenses such as driving under the influence often have many misconceptions regarding the arrest.  Although classified as a felony in many states, arrests on alcohol-related offenses is not a certain conviction of fault. Most people charged with an alcohol-related offense would self-represent, and just accept the decision regarding their penalties and fines.

Those charged with driving under the influence, or even boating under the influence or BUI, needs to understand that there are viable defenses that they can use to protect their rights and their driver’s license. They can only self-represent if they have no finances for a lawyer or if they are not entitled for legal help. Choosing to represent yourself in court still requires the help of a lawyer who specializes in alcohol-related offenses and charges.

People should understand that they are risking their driver’s license when they are charged with driving under the influence or BUI even on their first offense. This is why it is important to contact a lawyer with expertise in driving offenses, since taking away your driver’s license can affect many aspects of your life, from social relationships to employment.

What many lawyers who fight against alcohol-related offenses fight for are mostly preventing their clients from suffering huge fines and significant jail terms. Drunk driving is a very hot topic which has spawned high penalties for those who have been caught and charged with it. Accumulated offenses can eventually lead to stiffer penalties and longer jail terms, which could be a shock to many motorists. Accepting a guilty conviction in the first offense can only make you vulnerable for heavier punishments for the next offenses, no matter how trivial they might be.

With strong advocacies on alcohol-related offenses, from driving under the influence to BUI, once convicted these convictions will stay on your record for a very long time. Because these records are public documents, they can affect your future in a significant way, such as going out of the country or finding employment. The consequences of being charged with any alcohol-related offense can be dire, thus the need to have proper legal consultation and representation in court.

Read More