Traffic Violations on Steroids

Posted by on Nov 10, 2014 in Car Accidents | 0 comments

Most people have had a traffic ticket issued to them at least once in their life, and in general they are minor offenses payable with a fine and perhaps costing you some points on your driving record which will drive your insurance premiums up or get your license suspended. Some examples of civil traffic violations include:

  • Driving on the sidewalk
  • Expired driver’s license less than six months
  • Expired registration
  • Ignoring traffic control signals
  • Running a red light
  • Simple speeding
  • Tailgating

Getting any of these violations sucks and can be expensive but for all that they are civil rather than criminal violations, so you will not need a criminal defense lawyer. Nevertheless, you can certainly challenge the ticket in court with the help of a lawyer if you believe it was unjustified, and you may even get your case dismissed. In some cases, you may be given the option to attend traffic school to avoid the fines and the points on your record.

However, there are certain traffic violations that are much more serious than going 5 miles over the speed limit, or which Florida statutes consider criminal, and for these you will need a lawyer. According to the website of the Flaherty Defense Firm, these criminal violations can be charged as misdemeanors or felonies, depending on the circumstances. These include but not limited to:

  • Driving under the influence (DUI)
  • Driving without a license or with a suspended or revoked license
  • Leaving the scene of an accident

Even having too many unresolved traffic tickets or being a habitual traffic violator can elevate your case to criminal court. For these types of offenses, fines or traffic school are not the only things you could be facing but prison time and license suspension as well. If you fail to show up for court, you will only make things worse for yourself. Retaining a criminal defense lawyer for these types of cases will relieve you not only of worry but the necessity of making court appearances and applying for the reinstatement of your driving privileges, even if only on a limited basis.

Traffic laws can be confusing, so even if you believe you know how to handle it, it would not be a good idea especially for serious traffic violations. Don’t take your chances; hire a competent lawyer to handle your case for the best possible results.

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Why Every Driver Needs Personal Injury Protection

Posted by on Aug 21, 2014 in Law | 0 comments

There are a number of different things you need to know about personal injury law if you’re about to be going to court. It is important that you do many things from day one and that you have access to the right personal injury lawyer. Keep reading to learn more about all of this.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Many lawyers try to explain the basics of how a personal injury case is evaluated to their clients. According to the website of South Carolina attorneys Goings Law Firm, LLC, they are mainly evaluated on three principles: liability, damages, and collectability. Liability refers to how bad the action is, the evidence, and the facts of the case. Damages refers to the seriousness of the injuries and the opinions of witnesses and medical staff. Collectability refers to insurance coverage, policies, and assets and how much money the case may be able to bring in.

The faster you can get to trial, the better. While you’re injured, it is likely you are not bringing in as much income as you did before the accident, or even any at all. How can you pay your bills? The faster your trial is over, the sooner you’ll get your money. With a fast trial, your injuries would also be in evidence in court, meaning you can appeal to the judge and jury’s sympathy from a stronger position.

Hopefully you’re now better prepared to find the right personal injury lawyer and have everything ready when it’s your day in court. You need to remember everything you’ve read so that you can be able to win your case. Stay on your toes, and go ahead and get started now.

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DUI Charge: The Punishment and Chain of Limitations and Inconveniences it Results To

Posted by on Mar 19, 2014 in Uncategorized | 0 comments

Driving under the influence (DUI) or driving while intoxicated (DWI) is a major offense in all 50 states. And the US Federal government, as well as local governments, has and continues to make it clear to all motorists that anyone caught violating the anti-drunk-driving law will be dealt with, with hefty fines and stricter punishment, which can include time in jail, suspension of driving privileges from one month to one year, and mandatory participation in an alcohol and drug education class (or DUI School).

According to the National Highway Traffic Safety Administration (NHTSA), drunk-driving is one of the major causes of motor vehicle accidents in the US. This means vehicles, regardless of size, such as motorcycles, cars, vans, SUVs and trucks (from light trucks to 18-wheelers).

Annually, millions of arrests, involving drunk drivers are recorded and with these are thousands of injuries plus, at least, 10,000 fatalities – more than enough reason for the government to conduct a stricter campaign to catch DUI offenders. This stricter campaign explains the increased visibility of traffic enforcers and the setting of check points for sobriety tests.

One of the disappointing facts about DUI is that many of those who are caught are first time offenders; individuals whose real fault may only probably be lapse in mental judgment. Meaning, people who just wanted to spend fun, relaxing time with friends, during weekends the holiday season or special occasions, and then decide to drive on the way home, becoming mindless of the DUI law.

The only problem is, such individuals also forget that driving while drunk make them threats to road safety, even without intending to be. Only after getting caught do they realize the great blunder that they have committed.

The present limit of blood alcohol concentration (BAC) level in all states is 0.08% – that means about 4 bottles of beer consumed within an hour. In 2013, the NHTSA made a move to still lower BAC to 0.05%, to keep roads still safer against possible violators.

Offenders, first time offenders, especially, should know that being charged with a DUI crime, or any kind of crime, for that matter, leads not only to fines and punishments, but to a chain of limitations and inconveniences as well. Some of these include:

  • Higher car insurance premiums that can extend to three years
  • Negative effect on custody or visitation rights
  • International travel restrictions
  • Difficulty in maintaining commercial or professional driver’s license
  • Losing current job and difficulty in finding another
  • Difficulty in finding an apartment to live in
  • Difficulty in renting a car

Saving yourself from all the undesirable consequences of a criminal charge makes having a top caliber lawyer, to defend you, a necessity. Thus, make sure that you find a really good attorney, for not everyone is as good in defending client’s interests and rights as others.

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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.

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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.

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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.

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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.

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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.

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Common Cruise Ship Dangers

Posted by on Feb 8, 2014 in Cruise Ship Accidents | 0 comments

Cruise ship itineraries generally involve being on shore for excursions and trips. These excursions are generally a major activity for cruise ships, and these excursions offer passengers the chance to explore and enjoy the island or port that they have docked. Mostly, the port has their own number of interesting activities offered to the tourists, from relaxing to adventurous and anything in between. And because these activities are outside the cruise ship, it may difficult to know who to sue when an accident and cruise ship injuries occur.

The complicated matter with regards to shore excursion injuries is that the general cruise line passengers don’t know their rights as well as who to sue. Do they sue the cruise ship company or the tour operator or the company that owns the excursion activity? Knowing who should be held responsible for the damages brought about by the accident is significant is getting the necessary compensation for shore excursion and cruise ship injuries.

One thing that can help you know who might be held accountable for injuries or accidents is by checking the ticket carefully. Reading the fine prints could point out relevant information on possible dangers during the shore excursion activities, including cruise ship injuries. Read the brochure information before embarking on a cruise or shore excursions. Sometimes the responsibility of safety and care falls on the tour operator, and when it does it helps to have a maritime lawyer such as those from the Louis A. Vucci, PA, since it can be difficult to sue these companies because most are in foreign countries with their own set of laws.

If in cases where the cruise ship is liable for the injuries, then you should direct the personal injury lawsuit to them since they are the ones responsible for your safety. There are times, however, where both the cruise ship and the tour operators are both accountable. Complications such as this and others (like having no jurisdiction to sue on the United States) require the help of maritime lawyers who know how these laws work, and the statute of limitations regarding these cases.

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