Personal injury on the playing field: Family sues Easton for son’s deaf ear
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Personal injury can happen anywhere, and a baseball field is no exception. Last May, Chicago boy Jake Schutter, 11, was struck in the head as an opposing teammate catapulted a baseball toward him using Easton’s metal bat. Schutter suffered instant trauma to the head, falling to the ground immediately and resulting in the boy’s deaf left ear, according to The Herald News.
The family of the boy is now suing Easton in federal court, claiming the opponent’s metal bat was responsible for their son’s injury. The family argues that Easton’s metal bats are designed to project baseballs across playing fields at great velocity, preventing young players from reacting to oncoming baseballs. Children’s sports injuries can be all too common as a result.
The alleged “trampoline effect” of a metal baseball bat is designed to send baseballs sailing into the air, which is why the bats are so popular in Little League games. The metal bats allow players to project a baseball clear across the playing field, but that’s precisely why attorneys for the Schutter family say they’re dangerous.
When flying baseballs make contact with an opposing object, such as a young child’s head, it can result in a severe personal injury case like Schutter’s deaf ear, or even worse, traumatic brain injury.
Parents can be proactive with their children as they engage in sports-related activities. Nobody can fully prevent accidents from occurring, but there are certain measures you can take to help prevent future injury.
Before your son or daughter engages in any sport, consider the following tips that help to prevent sports-related injuries.
Make sure your child is in proper condition for sports. Be sure your child is healthy, and understands the game he/she is engaging in. Make sure your child understands what dangers are involved in the game and how to avoid them, if possible.Work with the child’s coach. Parents can communicate any uncertainties to the child’s coach, who can take proactive measures thereafter. For instance, if you’re concerned your child is using metal baseball bats in their Little League practice, speak to the coach and ask for alternatives such as wooden or durable plastic bats instead.Provide proper equipment to your child. Safety equipment like knee pads, wrist guards, and especially helmets can prevent a child’s catastrophic injury.Ask for medical supervision. For many sports activities, it’s important to have medical supervision within close proximity of the playing field. For traumatic injuries like Schutter’s, having medical attention readily available is important since catastrophic injuries require immediate emergency care. Every sports event should be covered by licensed medical personnel.Whether your child has been injured on the playing field or not, it’s important to talk to a San Diego personal injury attorney who can help evaluate your case. Our personal injury lawyers provide free and private consultations that give you and your family a sense of direction during this difficult time. We can help your family seek justice for your child’s injury. The first step is calling us now—contact us by phone or email for your free consultation.
1 in 4 Trucks in Texas Unsafe and Shouldn't Be On the Roads!
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Posted on July 16, 2011 by Morgan Adams
Roadcheck was in June and results are starting to be reported. So how did Texas do? On an ANNOUNCED inspection OVER 1 in 4 trucks was deemed to be so unsafe they were told to stop operating until they fixed a safety issue. The reported numbers from KMOO can be found HERE . The article stated in part:
During the 72-hour Roadcheck 2011 program last week, DPS and other Texas law enforcement agencies inspected 7,993 commercial vehicles. Of the vehicles inspected, 26.5 percent were placed out of service for safety violations. (emphasis added)
Is it any wonder that people are scared of 18 wheelers? Given the recent attempts by the Texas legislature to kill more Texans with trucks (see my prior blog on the impact of higher truck speed limits in Texas HERE) Texans have every reason to be scared.
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Bicycle-related hit-and-run car accident blamed on New Car Smell
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Martin Erzinger, man claiming bicycle accident was result of New Car Smell. Photo source: Vail Daily NewsMorgan Stanley exec Martin Erzinger was involved in a rear-end car accident in July of this year, when he drove his 2010 Mercedes Benz sedan into a bicyclist, according to Vail Daily News. But reason for the car accident is no ordinary excuse. Attorneys for Erzinger call foul on the vehicle’s “new car smell”, which, according to his attorneys, triggered the man to fall asleep at the wheel and cause the car accident as a result.
Attorneys for Erzinger say their client suffers from a condition called sleep apnea, a breathing disorder that causes individuals to go into sudden sleep mode under certain conditions. An “accident reconstructionist” in the case says the Mercedes’ new car smell could be a possible contributing factor to the hit-and-run car accident, triggering the man to suddenly fall asleep at the wheel.
The fumes emitted from a “new car smell” are an allegedly toxic compound of volatile organic aromas that arise from the combination of new materials used to construct the interior of a vehicle. This supposedly toxic smell could have spurred Erzinger’s sudden urge to fall asleep at the wheel and lose control over his vehicle, causing him to strike bicyclist Steven Milo, a professor and liver transplant anesthesiologist.
Milo suffered substantial personal injury to include spinal cord injury, brain injury, and numerous other bodily injuries. His spinal cord leaks fluid now and he suffers from debilitating migraines, according to his doctor.
Developments in the case are still underway, and for now Erzinger is booked on two misdemeanors and a felony.
Being a defensive bicyclist is a good way to help avert possible dangers and avoid personal injury resulting from a bicycle accident. Many riders use residential streets and trafficked areas to ride their bicycle, so it’s important to be aware of the street signs and laws. In Milo’s case, he could have done very little to avoid being rear-ended by Erzinger.
Three good ways you can be a defensive bicyclist is to:
Stop for stop signs and look for other alerts on the road. Be aware of your surroundings and follow the road signs, especially stop signs. Even bicyclists need to follow laws on the road. And, doing so can greatly inhibit your chances of being involved in a car accident involving a bike.Ride with the traffic signals. Follow the signs as you would in a vehicle. Don’t suddenly stop in moving traffic, swerve, or go on a red light. You never know when a vehicle will fail to notice you, causing an unintended bike accident.Use the left turning lane to turn left. In other words, use the appropriate traffic lanes to ride. In this case, use a left-turning traffic lane if you need to turn left. If you feel uncomfortable riding in traffic, don’t risk it and simply walk your bike to a crosswalk to get to your destination.If you’ve been involved in a car accident involving a bicycle, call us at 1-800-655-6585 or feel free to contact us via our web form for a free legal evaluation. Our law firm specializes in representing bicyclists who have been injured by a vehicle.
Woman Learns to Live With Brain Injury | Seattle Brain Inury Attorney
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As a Seattle brain injury attorney, I am aware that brain injuries can be some of the most devastating and painful injuries one can endure. Brain injuries can occur in many different ways but most often they are a result of a direct force to the head. However, that is not always the case. The NPR.org website recently reported a tragic story about a woman who suffered a traumatic brain injury due to a complication during surgery. Gweneviere Mann experienced a stroke during an operation in 2008 to remove a brain tumor and has suffered from short term memory loss ever since. It is now difficult for Mann to remember even the tiniest of details of her day and ultimately her life. Things that we all take for granted on a day to day basis such as today’s date and remembering when to eat lunch, is a constant struggle that Mann now has to face. With tricks such as keeping note cards in her pockets reminding her about the events that she has completed throughout the day helps maintain continuity throughout her daily life. Mann also participates in marathons with her boyfriend to encourage herself to remain positive and optimistic about what abilities she does still possess. Even though this is a frustrating and discouraging situation, Mann is determined to fight and persevere through her disability.
Doctors say that the brain is able to heal itself up to two years after the injury and after that any symptoms are most likely to remain permanent. In this case it has been beyond that two year mark and Mann has accepted that short term memory is going to be the norm from now on. Mann does not struggle with any other symptoms and presents as a very normal woman in every other aspect of her life. Because brain injuries vary in location and severity it can be very difficult to determine treatment for recovery.
If you or a loved one has suffered a traumatic brain injury in an accident and have questions concerning your treatment and recovery, contact a professional Seattle brain injury attorney to discuss your legal rights. At Premier Law Group, we understand how traumatic the lasting effects of a brain injury can be for you and family members and we are dedicated to working with you with integrity and compassion. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
Tags: attorney, Brain Injury, Gweneviere Mann, Law Firm, Lawyer, Memory Loss, personal injury, Seattle, Traumatic, washington
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Difficulties That Extend the Probate Process
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The probate process occurs when property is to be passed, due to a death, to the legal heirs. This can be an emotional time for all involved, and sometimes things are overlooked that lengthen the process and make more difficulties than necessary for the survivors. There are things you can do to prevent this situation, whether you are making a will or are one of the beneficiaries of a will.
First, if you are making your will, you should seek the advice of a competent attorney to help you decide the best way to dispose of your assets and avoid unnecessary taxes or problems with division of property. “Do-it-yoursef” will kits rarely give you the flexibility to plan your estate effectively, even if you do not own much property. Further, as they are constructed for mass marketing, they do not take into account various state laws regarding inheritance. Many difficulties have arisen from probate judges refusing to probate “homemade” wills or being unable to interpret them.
Another thing that can delay the process is multiple wills. If you do decide to change your will, make sure that an attorney handles the change for you. Wills can be added to by something called a codicil; they are also nullified by marriage or birth. If you experience a life-changing event, you must consult with your attorney as to how to handle your will changes. A new will should always be drawn up by a lawyer and properly witnessed so there is no doubt of its precedence; further, all copies of old wills should be destroyed.
Finally, if you are a beneficiary of a will, you should submit in a timely manner to any and all requests of the probate court. Most wills name one or two beneficiaries as executors. If you are an executor, meet with the attorney who drew up the will and comply with all requests immediately, in order to ensure that there are no unnecessary delays.
This article is not intended as legal advice.
Legal Reference: The Law Office of Andrew M. Lamkin, P.C. in Long Island, New York
Pedestrian safety: Amtrak train accident in Southern California kills three men walking along tracks
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Three pedestrians were killed on Monday, Dec. 13 when they were struck by an Amtrak train headed from San Diego to Los Angeles, according to KTLA News in Los Angeles. Thought to be possible taggers, the men in their early- to mid-20s were walking along the train tracks over Telegraph Road when the Amtrak train struck the pedestrians.
The conductor of the train tried to avert the pedestrian accident but could not apply the train’s brakes in time, causing a fatal collision with the men. LA County fire department and LA Sheriff Homicide detectives arrived on the scene shortly thereafter and pronounced the men dead.
A train accident is rare. Most often, pedestrian injuries occur on the road involving vehicles, and the risk of a pedestrian accident is higher than once thought: a pedestrian is killed every 120 seconds according to the National Highway Traffic Safety Administration. Pedestrian accidents generally occur because:
A driver has failed to yield the right-of-way to a pedestrian at a crosswalk. Generally, a pedestrian has the right-of-way for crossing the street, walking in a parking lot and on sidewalks. When a driver fails to give you the right-of-way, and if you’re injured as a result, you may be entitled to compensation for your injuries.Hit-and-run accidents. A hit-and-run car accident can frequently involve pedestrians. Try to gather license plate information if you can.A driver not making a complete stop. If a driver is not paying attention and fails to make a complete stop, s/he may not be able to see you on the road and can collide with you. In the case of the Amtrak train, even though the conductor was aware of the men traveling the tracks, he was unable to make a complete stop in time. This can often happen on the road as well.Pedestrian safety is often overlooked as a possible public hazard. But unfortunately, accidents like these can happen anytime, but there are ways to avoid being hit as a pedestrian on the street.
To stay on the safer side of pedestrian travel, try to:
Wear white or bright clothing when walking. If you’re pro-pedestrian, then consider wearing brighter clothing so drivers can see you on the road.Use reflective vests. Bicyclists will find this tip extra useful because reflective gear can greatly increase your visibility, especially as oncoming headlights approach you. Cars can see you much more quickly using reflective gear versus dark, inhibitive clothing.Don’t J-Walk. Even if you think it’s safe, do not cross the road without using a crosswalk and following pedestrian safety rules. You never know when a car will take a turn out of nowhere and hit you.Don’t travel along railroad tracks. Even if you think you’re quick enough to get out of the way of a train’s path, don’t linger around or walk alongside train tracks. While this seems like an obvious tip, there are many travelers who use train tracks for longer distances since train tracks offer a more direct route without having to use street travel. Like the pedestrians killed in the Amtrak accident, it’s safer to simply stay on the sidewalk versus any alternative travel via train tracks.Don’t walk at night. As seen in a previous blog post involving a pedestrian accident in San Marcos, it’s never completely safe to walk at night, especially on busy areas near freeways and on-ramps. Avoid pedestrian activities at dusk and night hours.If you have been injured as a pedestrian, attorneys at the Law Offices of Michael Pines, APC, can help evaluate your case. The free review is comprehensive: we collect information involving you, your injuries, the person(s) involved in the case, and the nature of the case. It’s private and free—call us now at 1-800-655-6585 or use the contact form. A personal injury attorney specializing in pedestrian accidents will contact you immediately.
Choosing the Right Bankruptcy Attorney
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Bankruptcy is a crisis that many Americans are facing. People who work hard and pay their bills may find themselves buried under medical expenses, experience financial loss and unexpectedly suffer other financial crises that force them into bankruptcy court proceedings.
People who are faced with bankruptcy obviously need the services of a good bankruptcy attorney. The problem most people have is in determining how to choose the right attorney for their situation.
Here are factors that should affect your choice of an attorney:
Experience
The attorney’s professional experience is very important. There is no substitution for experience in bankruptcy negotiations with creditors, preparing courtroom arguments and presenting cases before a judge and jury.
Specialization
Specialization is another important consideration for your choice of an attorney. Pick an attorney who specializes in bankruptcy. It’s impossible for a general practice attorney to be competent in all aspects of bankruptcy law. An attorney who specializes in bankruptcy is informed, trained and capable of representing you well.
Service
Client service is what connects you to your attorney. When he or she is willing to explain the process, investigate your options and keep you thoroughly informed every step of the way you are able to make the best possible decisions.
Reputation
You should consider hiring an attorney who has a good reputation in the community, the court system and among his or her peers. Not all bankruptcy attorneys are created equal. Choose an attorney who is widely respected in the practice of bankruptcy law.
Innovation
Innovation is an important factor in your decision. An innovative attorney is on the cutting edge of the law and is often the one winning cases by using the most current case law and legal theories.
Success is the final determination of who you should hire. Look for an attorney that successfully represents clients, establishes the greatest legal protection in bankruptcy proceedings and brings about the best possible resolution of bankruptcy cases.
Your financial stability and future depend on choosing the right bankruptcy attorney. Take all of these factors into consideration as you make the right and informed choice of a bankruptcy attorney. Clients needing assistance in the Sarasota area should contact Jodat Law Group.
San Diego car accidents unusually high due to rainy weather: 3 techniques to avoid car crashes in stormy conditions
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San Diego County experiencing heavy rain storms, causing increase in car accidents. Photo Source: News 10 San DiegoDid you know the California Highway Patrol receives between 50 to 75 accident reports a day when the weather is dry? This statistic, according to San Diego News 10, was shattered on Thursday, Dec. 16 when the CHP received 71 San Diego car accident reports between midnight and 8 a.m. alone, due to wet weather.
About a third of the car accidents on Dec. 16 occurred in the morning hours, between 6 and 7 a.m. alone. Later, a quarter more of the day’s total accident count occurred between 7 and 8 a.m.
The morning hours, due to low visibility and coastal fog, can be a dangerous but necessary time for travel. All kinds of accidents can occur in wet weather and low-visibility, including head-on collisions and rear-end car accidents, most commonly.
Wet roads for San Diego County are likely to continue through the weekend.
When you apply brakes with less force and with an increased driving distance, you can help prevent rear-end accidents in San Diego. Braking easier and keeping distance ahead of you will invariably help you in the event you need to slow down safely. Strong breaking will almost always result in a rear-end accident since a vehicle is more inclined to slide across wet pavement.
Cruise control can actually cause you to unintentionally accelerate if you accidentally hydroplane over a large puddle of standing water. Using cruise control can also increase your response time since your foot is not directly in contact with either pedal. Hydroplane car accidents are all too common during rainy conditions, and cruise control can worsen your chances of having one.
Running water can be very forceful when combined with a speeding vehicle and rainy conditions. Crossing a large body of running water, such as a large rain puddle, can cause your car to be pushed sideways, into a ditch, into oncoming traffic, or into a pole or other object. Crashes of this degree can be extremely dangerous since they often involve multiple vehicles.
If you’ve sustained a rainy weather car accident injury, call our law offices at 1-800-655-6585 or fill out our contact form for a free legal evaluation of your case.
What is Accutane?
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Originally created to treat certain types of cancer, Accutane is now more commonly used to treat severe acne or moderate acne that doesn’t respond to other treatments. The medicine has recently come under fire for its dangerous side effects, but it continues to be used my some teens and adults to get rid of acne, a problem that plagues millions of people. Prescriptions are only given out in specific cases for this drug because of the reported side effects, as well as due to the fact that there are other treatments that can be considered to aid in combating acne.
Benefits
Accutane works by restricting the production of facial oils via glands in the skin. The acne will in all likelihood return once a person stops taking the medicine. At first, a person is likely to have an acne flare-up before it starts to go away completely. The pill comes in various doses and must be taken daily to work properly.
Prescribing
Due to its side effects, Accutane is only prescribed for a person after other acne treatments have failed to produce results. A short but thorough process is included before a person can even get the prescription.
Side Effects
There is a relatively lengthy list of Accutane side effects. Common ones include an increase in acne at the beginning of taking the medication, headaches, joint pain, hair loss, eye pain, and more. Some rarer side effects include fatigue, a reduction in night vision, depression, psychosis, and hepatitis, amongst others.
Therefore, this medication can be considered as being extremely dangerous and isn’t just handed out to every person that wants it. There have been rare cases of Accutane use having resulted in suicide or death. Additionally Accutane cannot be taken by pregnant women because it will cause birth defects during the pregnancy. Women who are sexually active must be on birth control before they can be given Accutane. Permanent side effects can include hair loss and decreased night vision.
Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.
DRUG USE HIDDEN AND RAMPANT IN TRUCKING INDUSTRY
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Posted on August 5, 2011 by Morgan Adams
While trucking companies acknowledge that hair tests show a much higher number of drivers with drug problems than conventional drug testing, most still don't use this modern and efficient test.
C.R. England, a large national trucking company, found when it switched to hair tests for drugs that the positive rate for drivers shot up to from 2.8% to 11%. Both JB Hunt and Schneider are also using hair tests to determine drug use. Schneider found on a simultaneous urinalysis/hair test that 82 truck drivers tested positive on the urinalysis and 964 on the hair test. The difference is 882 drug users that are on our roads, slipping through the crack with a company that does not hair test for drugs.
See: Transportation Topics, July 11, 2011, P3
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Some Good News in Unemployment | Bellevue Employment Attorney
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The economy is struggling and that means unemployment rates are high. As a Seattle employment dispute attorney, I understand the relief people feel just to have a job in today’s society. Even though some are grateful just to be employed everyone should still be aware of their legal rights as employees. KOMONews.com reported that within the last week fewer amounts of people have applied for unemployment benefits. Economic experts are hoping that if this trend stays on this track then things will be looking up for the unemployment rates that have been common within our society. The article states that our economy is slightly increasing and hope remains for the future. Although it is a slight growth, our unemployment rate is slowly getting better. Employment disputes are sure to follow, however. New employees as well as employers are encouraged to understand their rights within the workplace.
Wrongful termination, harassment in the workplace or discrimination of any kind, and wage or hour disputes are examples of employment dispute cases. A work environment that ultimately results in being unable to continue is unacceptable. Being mistreated in the workplace can also lead to devastating emotional pain. With unemployment as high as it is, seeking help with an employment dispute can be a tough decision to make but no one should have to tolerate a toxic work setting.
If you believe you have been victimized in an employment dispute and wonder if you have a case, contact an experienced Bellevue employment attorney today to discuss your legal options. Employment law can be difficult to understand, call me at Premier Law Group and I can help make your decision less stressful by dedicating my time to your case in order to protect your rights. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
Tags: attorney, bellevue, Discrimination, Employment Attorney, Employment Dispute, Harrassment, Law Firm, Lawyer, Seattle, Unemployment, washington, Wrongful Termination
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Preparing For Winter Driving | Seattle Car Accident Lawyer
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As a Seattle car accident attorney, I know the weather conditions during the winter months can be very unforgiving. Car accidents are common and difficult to avoid in inclement weather. That is why the Washington State Patrol issued a media release providing tips to maintain your car and safe driving habits during poor weather driving conditions. Some helpful driving tips listed are decreasing speed, defrosting windows completely before setting out, and increasing visibility by turning on your headlights. Vehicle equipment should also be considered when preparing to drive through harsh conditions. Some tips provided were checking for worn out tires and windshield wipers, checking fluid levels of oil and anti-freeze, and replacing any lights that may be out. Always allow for additional travel time and plan your route according to traffic and news updates.
With winter being just around the corner and snow inevitably in the forecast, car accidents are likely to increase. Knowing road conditions in advance, understanding your car’s ability, using of proper driving skills for the weather you find yourself in, and having the right emergency gear and equipment along with you in the car, can help during emergencies.
If you or a loved one have been hurt in a car accident due to inclement weather and have questions concerning compensation, you need to contact the dedicated services of a professional Seattle car accident attorney. Car accidents can be extremely traumatic and stressful for you as well as family members. Call me at Premier Law Group and I will dedicate my time to your case in order to ensure you the medical care that you deserve. I can also work with your insurance company to make sure you receive the full compensation that you are entitled to. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
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Tags: attorney, auto Accident, Car Accident, Jason Epstein, King County, Law Firm, Lawyer, personal injury, Poor Driving Conditions, Seattle, washington, Washington state patrol, Winter Driving
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Bicyclist injury accident: Help police find the hit-and-run driver
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Police in the Los Angeles area are turning to the public to help find a hit-and-run motorist. The offender collided with a bicyclist Wednesday, Dec. 14, seriously injuring the traveler, and then fleeted the scene, according to ABC News. The bicycle accident occurred in Tustin, California, just south of Los Angeles.
The bicyclist was traveling ordinarily when he was struck by a red 2010 Ford Mustang. The vehicle is reported to be a rental car, with license number 6LLX505. The motorist was described as a male driver who allegedly caused the bicycle accident and then fled the scene of the crime.
Southern Californians who have tips in connection to the suspected offender are urged to contact LA police.
Staying safe on the roads is just as important for bicyclists as it is for drivers. In the United States, the National Highway Traffic Safety Administration reported that 2 percent of all 2009 traffic accidents involved a bicycle, and over 51,000 bicyclists were injured in 2010. That’s a staggering increase in bicycle injuries, up sharply from 43,000 in 2007.
Use these helpful tips to prevent a bicyclist accident in San Diego.
Look for oncoming cyclists when making turns.Look for oncoming cyclists when opening your door toward the street.Don’t honk your horn at bicyclists if you don’t really need too—this can startle the bicyclist.Don’t follow the bicyclist too closely. Give them plenty of room ahead.Be aware of bicyclists turning in any lane.Invest in common sense gear like a bike headlight, reflective badges, and a horn or bell.Slow down if you think a driver can’t see you. This is especially important for dusk or evening travel and can help prevent car accidents.Avoid traveling at night, if you can.Don’t ride on the sidewalk. Consider using the bike lane since this is the safest area to travel using a bike.Ride on the right side of the road, with traffic, not against it.If you have been injured as a bicyclist in San Diego, call our law offices for a free review of your case. We are bicycle accident attorneys that can help you receive compensation if you’ve been hurt in an accident.
Charitable Trusts
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Anyone interested in assisting a favorite organization by making a significant financial donation, while potentially reducing their personal tax liabilities may wish to consider establishing a charitable trust. Simply stated, a charitable trust is an irrevocable legal construct in which property is managed by one person or entity for the benefit of a charitable organization or purpose. This type of trust can be created during a person’s lifetime, or they can be testamentary in nature, meaning that they commence existence upon the donor’s death. Two main types of charitable trusts worth considering are the charitable lead trust and the charitable remainder trust.
A charitable lead trust is a legal structure through which payments or donations of either a fixed dollar amount or of a portion of the trust’s principal amount are made to the selected charity. Once the trust’s term is completed, the funds remaining in the trust can revert to the donor or to any heirs or beneficiaries chosen by the donor. It is sometimes possible for the donor of a charitable lead trust to realize a current income tax deduction or a gift tax deduction for establishing this type of gift, but that will be determined by the type of structure ultimately selected. While a non-grantor trust will not result in a present income tax deduction, it will remove the asset or a portion of its value from the donor’s taxable estate.
Charitable remainder trusts are, in essence, a charitable lead trust in reverse. Remainder trusts provide a stream of trust income to designated beneficiaries of the donor, and a public charity or private foundation receives the remainder amount at the termination of the trust term. The trust term may be defined by lives in being or a term of years. This type of trust is typically tax-exempt. In most cases, donors can claim an income tax deduction and can possible avoid immediate capital gains tax liability at the time the trust disposes any appreciated trust asset.
Please note that the above material is for informational purposes only and is not intended to constitute legal advice.
Before making donations or charitable trusts, contact the Florida Probate Lawyer to set up a legal consultation.
Warning all drivers: cell phone crackdown happening in San Diego County
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For your own safety, cell phone use while operating a motor vehicle is illegal in the state of California. This includes calling, dialing, or texting using a cell phone device.
Why? According to the National Highway Traffic Safety Administration, 80 percent of car accidents involve at some form of driver distraction within three seconds of the car crash, and talking on a cell phone is one of the prime distractions leading to car accidents today.
Did you know that dialing a phone number on a cell phone while driving increases your risk of a car accident or near car accident 2.8 times?
That’s why it’s no surprise that authorities in the San Diego County area are cracking down on cell phone use while driving. This month, police in San Diego unrolled their zero-tolerance campaign against using cell phones while driving, according to CBS News.
But it seems that San Diegans just can’t put down the cell phone when driving. Call it a bad habit or just plain irresponsible, but cell phone use while driving is no light matter. On Dec. 10, some 456 people were ticketed for illegally using a cell phone while driving within San Diego County.
If you need further proof that cell phone use while driving is dangerous, consider a study conducted by The Journal of the Human Factors and Ergonomics Society which suggested distracted drivers who use cell phones are just as dangerous on the road as those driving under the influence, according to CNET News.
The study set up four different driving scenes. Forty drivers were evenly allocated into the following four driving conditions: no distractions, using a handheld cell phone, talking on a hands-free device, and driving while intoxicated to the California legal limit of .08 percent blood alcohol level. The participants followed a pace car in each unique condition. The pace vehicle simulated real-life conditions like stop-and-go traffic and intermittent braking.
At the end of the simulation, researchers found that drivers using mobile devices while driving drove slower, braked slower, and were more likely to have a distracted driving car accident than other drivers in other simulations. In fact, not even one of the drunk drivers crashed, but three participants using cell phones were involved in a car accident.
San Diego, please put down the cell phones – it’s never been more important to stay safe on the roads and avoid car accidents and personal injury. You can do your part by not using your cell phone while driving.
If a car accident injury does occur from another driver’s cell phone use, contact our San Diego auto accident lawyers at 1-800-655-6585 for a free and private evaluation of your case.
Light Rail Collision Leaves Commuters Frustrated | Seattle Light Rail Accident Attorney
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As a Seattle light rail accident attorney, I encourage the use of public transportation and am aware that it is one of the safest modes of travel in urban areas. However, light rail accidents do occur and can leave numerous people hurt or displaced as a result. According to King 5 News, a transit light rail train and a car collided around 8a.m. on Monday. The collision occurred on Martin Luther King Jr. Way at S. Brandon Street in south Seattle causing delays for both light rail passengers and drivers. The train hit the car on its side going 30mph but did not cause any injuries. The accident is still under investigation by the police but it is suspected that the driver of the car may have been under the influence of alcohol. Even though no one was hurt in this case, it easily could have turned deadly for innocent passengers and the driver instead of just a costly inconvenience.
The Federal Transit Administration reported that during the year of 2008, around 990 light rail accidents occurred. These accidents caused around 37 fatalities and nearly 680 injuries to its passengers. The amount of people who utilize the light rail system continues to grow and despite that growth the amount of accidents and injures is relatively low. Public transportation is beneficial in many ways but if you do find yourself injured as a result of a light rail accident seeking help in determining who is liable is advisable.
If you or a family member have been injured in a light rail accident, contact an experienced Seattle light rail accident attorney today. Light rail accidents are rare but can be just as devastating as any other vehicle accident. Figuring out who is liable in a public transportation accident can be very frustrating and confusing. Call me at Premier Law Group and I can help make your decision to take legal action less stressful by dedicating my time to your case in order to protect your legal and medical rights. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
Tags: attorney, Car on tracks of Light Rail, Car T-boned by Light Rail, Law Firm, Lawyer, Light Rail Collision, Light Rail Crash, Light Rail Train, public transportation accident, Seattle, Seattle Light Rail Accident Attorney, washington
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DANGERS OF TRUCK DRIVERS WITH SLEEP APNEA
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Posted on June 12, 2011 by Morgan Adams
The FMCSA and the trucking industry knows how dangerous sleep apnea is for a truck driver. The FMCSA states HERE that:
Staying awake means staying alive. Sleep apnea is a major contributor to daytime drowsiness—a condition that could prove deadly for commercial truck drivers and everyone sharing the road with them. It is a condition where, during sleep, a narrowing or closure of the upper airway causes repeated sleep disturbances leading to poor sleep quality and excessive daytime sleepiness. Since excessive sleepiness can impact a driver’s ability to safely operate the commercial vehicle, it is important that drivers with sleep apnea are aware of the warning signs.
The research arm of the American Trucking Association (ATA), American Transportation Research Institute (ATRI), states that sleep apnea exists in almost 1/3 of commercial driver and contributes to wrecks. See the white paper HERE.Trackbacks (0) Links to blogs that reference this article Trackback URLhttp://www.truckinjurylawyerblog.com/admin/trackback/251157
Truck Accident Statistics in the U.S.
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Auto accidents are the leading cause of disability assistance in the U.S. While truck accidents make up only a portion of that, nevertheless it is important for you to be aware of some vital statistics regarding truck accidents if you want to be prepared and make the most of whatever comes your way.
There are over 400,000 commercial truck accidents in the U.S. every year.Over 130,000 people are injured every year in big rig accidents.Over 600 commercial truck drivers are killed each year in accidents.These statistics are alarming, but they can be prevented if you know what you’re doing. Certain statistics shed light on a number of trends and facts that you need to keep in mind:
It takes a tractor trailer truck moving over 60 m/h the length of a football field to come to a stop.Driver fatigue is the primary cause of truck accidents every year.Large trucks weigh up to 30 times more than the average car.Trucking companies regularly violate Federal Motor Carrier Safety Regulations, meaning that if you get into an accident you could be liable for a lot of money.Your health is of the utmost importance. Getting into a collision with a large truck can result in a number of debilitating health conditions, including:
Traumatic brain injuries (TBI)Spinal cord injuryTemporary or permanent paralysisDeathMany of these conditions don’t make themselves manifest until up to a year after the accident. If you are a victim of such an accident, you could end up paying bills for decades to come. People have won up to $2 million in damages from particularly bad truck accidents, and even minor ones have netted tens of thousands of dollars. Trucks are huge, and even minor accidents can have major repercussions.
The good news is that with a seasoned lawyer, you can definitely get ahead in the legal battles. Trucking companies are notorious for being lax about safety regulations; however, this means that they are quite used to legal challenges. They have a staff of lawyers on call 24/7 to try and keep victims of accidents from getting compensation. If you don’t have legal representation, there is a good chance that you will be fleeced out of your money and stuck footing the medical bills without assistance for a long time. Protect yourself today by finding a Georgia truck accident attorney!
Coronado suspected DUI accident sparks San Diego woman’s arrest for murder: How California driving laws can affect you.
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A San Diego woman was arrested on charges of murder in connection with a suspected DUI accident that occurred in Coronado earlier this year in April, according to The San Diego Union Tribune. Melanie Rebecca Flores, 47, was booked at the Las Colinas Detention Facility on Tuesday, Dec. 14 on accusations of drunk driving. The car accident killed Coronado resident Stevens Benjamin Freidman, 95, and two others were also injured in the accident.
Flores is suspected of driving while intoxicated on April 21, when she collided with two vehicles on the Silver Strand in Coronado. The fatal car accident claimed the life of an elderly man and injured two others, but the San Diego woman was not arrested until recently.
Lea Corbin, a Coronado police spokeswoman, said the delay in arrest was due to serious personal injury that Flores sustained.
Flores’ blood alcohol limit at the time the car accident was above the California legal limit of .08 and she is now being charged with murder. Flores is being charged with 2 counts of 23153 (A) CVC DUI causing injury, and 2 counts of 23153 (B) CVC DUI over .08 causing injury.
What do these laws exactly mean?
Did you know there are two parts to California DUI driving laws that can affect you? The first offense, California Vehicle Code 23152 (a), is a law that defines whether or not the driver was “unable to drive the automobile with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances.”
The other part of California law, California Vehicle Code 23152 (b), focuses on the “per se” charge of “was the driver’s blood alcohol level .08 or higher.” In Flores’ case, Coronado Police Department reports she was indeed driving at a blood alcohol level greater than .08 percent.
Because the accident caused a fatality, it appears that Flores was unable to drive the automobile with the same caution as a sober individual. She was arrested on charges of murder a result.
Every state has nuances in their laws governing DUI driving, but in California, driving with a blood alcohol concentration of .08 percent or higher is considered driving under the influence of alcohol. In Flores’ case, she will be facing both criminal charges and she’ll have her license suspended as well since she was driving at a BAC level above .08 percent.
Know that California law does not take driving under the influence lightly. If you cause a fatal car crash while driving under the influence, you can be booked for charges of murder, such as Flores’ case, and you may later face charges of wrongful death.
DUI driving is a serious, life-threatening offense. Take the necessary precautions to stay on the right side of the law, and do the right thing for society’s sake. Don’t drink and drive, period.
If you’ve been injured by a drunk driver, please call our offices at 1-800-655-6585 for a free evaluation of your case. The Law Offices of Michael Pines, APC, Accident Attorneys in San Diego are experts in personal injury cases involving DUI driving.
Related posts:
Coronado Multi-Car Accident Causes One DeathMarine Charged With Murder After Causing O.C. Doctor’s Wrongful Death In Car Accident12 Things You Need To Know About California Drunk-Driving (DUI) LawsWrong-way driving: New updates in La Jolla fatal drunk driving caseTags: car accident, car accidents, drunk driving, DUI, personal injury, wrongful death, wrongful death lawsuit
This entry was posted on Tuesday, December 21st, 2010 at 10:16 am and is filed under Accident Prevention, Accidents in the News, Car Accidents. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal Sysytem
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Home > Legal Issues > Frivolous Defenses v. Frivolous Lawsuits - Time to Re-examine the Problems with the Legal SysytemPosted on August 24, 2011 by Morgan Adams
Frivolous Defenses and Frivolous Lawsuits
Legislators have been attacking frivolous lawsuits for clogging the courthouse and unfairly costing our society billions of dollars. As a result almost every state, including the federal government, has passed sever penalties for the filing of frivolous lawsuits. The number of lawsuits has decreased, but the amount of litigation has increased! How can this be? Simple, we now have a proliferation of frivolous defenses.
Defense lawyers, in order to make up for the loss of the volume of cases, are now litigating everything in sight. It adds huge amounts of time to a case (waste a jury's time) and increases the costs and expenses of an injured party needlessly.
A simple fix would be to require frivolous defenses to be sanctioned in the same way frivolous cases are currently being sanctioned.
FMCSA STATES IT SHOULD REGULATE BROKER's AND SHIPPER's
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Posted on July 29, 2011 by Morgan Adams
The FMCSA stated that it wants to be able to regulate shippers and brokers over the next five years. This is a good idea and a long time coming. The FMCSA strategic plan covers the goals from 2011-2016.
Brokers and shippers frequently make drivers carry over-limit loads, or require runs that either force the driver to speed or violate his hours of service limitations. I know we will hear more about this over the next five years. I will be interested to see the shipper and broker response as the American Trucking Association (ATA) supports the effort. Did you get that? The ATA and I agree on a safety issue!
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How to Choose a Personal Injury Lawyer
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Choosing a personal injury lawyer is often a critical decision that comes at a difficult time. After one has been injured in an accident, the natural reaction is to focus on healing and not put much thought into other choices. Unfortunately, one’s attorney selection can often make the difference between recovering financially and allowing the physical injury to be only a fraction of the impact on one’s life. The critical factors to consider are an attorney’s experience, integrity, and ability to relate and communicate with his or her clients. While the last factor may seem less important, it can be critical.
The Real Meaning of Experience
While it is easy to assume that a lawyer’s experience is simply measured by the number of years that he or she has been in practice, there is more to it. When dealing with personal injuries, it is important to determine how many years an attorney has been exposed to the specific injury that you have suffered. This means not only what part of your body has been affected, but the context in which you were injured. For example, a brain injury will have very specific medical evidence that a lawyer should be familiar with. Likewise, if you were injured in an industrial accident, this will have different specifics from an injury involving a commercial trucking company. In each instance, it important to find a lawyer that has experience that as closely as possible mirror your circumstances because then he or she will be familiar with the potential pitfalls and advantages. While this is not always possible, it is a prudent target.
Integrity and Personality
After being injured, it natural to be angry, and, in some cases, to think about revenge rather than fairness. One of a good lawyer’s traits will to be keep the client focused on justice. Those that even discuss retribution are more likely to be willing to bend the rules. This may seem appealing, but if unsuccessful, such a lawyer’s conduct may bar the client from recovering at all. It is important to seek a fair outcome that maximizes the benefit to the client, rather than going for revenge.
In addition to integrity, it is important that a client feel comfortable communicating with his or her lawyer. This will help ensure that details do not get missed, and that if the client must testify, the story evokes the true sense of the case most thoroughly. While this may seem either unimportant or obvious, it is often overlooked, and can be of critical importance.
For more information regarding personal injury claims contact – Connecticut Personal Injury Lawyer
Disclaimer: Nothing in the above should be construed as legal advice or should be relied on in lieu of seeking the advice of a licensed attorney. The author and publisher of the above information assumes no liability for anything contained in the above article.
Medical Emergency Causes Multi-Car Pileup | Everett Car Accident Attorney
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As a Seattle car accident attorney, I know the unpredictability of the road and other drivers is partly why good defensive driving habits are extremely important. Some defensive driving behaviors could be driving a safe distance behind the car in front of you, being aware of the cars around you, and driving the speed limit. These are good tips to avoid tragic accidents on the road. According to KIROTV.com, on Monday afternoon, a multi-car pile up occurred just south of Everett. The accident that involved 16 cars appears to have been caused by an unknown medical emergency of one of the drivers. The accident caused the pile up that involved several cars and spread 500 feet west of the initial crash. Two drivers had to be cut out of their vehicles and taken to local hospitals with serious injuries and one other driver suffered minor injuries. You can’t control what other drivers do and some accidents are unavoidable but using your defensive driving skills could help prevent more serious or even fatal injuries.
The National Safety Council is dedicated, along with government agencies, to the improvement of traffic safety. Providing defensive driving courses for all 50 states in hopes of improving the quality of drivers across the nation and ultimately reducing the number of traffic deaths is the goal of the NSC. Taking a defensive driving course could help you become better prepared for unpredictable driving situations.
If you or a family member have been injured in a car accident and have questions concerning who is liable, you need to contact the dependable services of an experienced Everett car accident attorney. I believe driving is a very serious responsibility and everyone should possess good defensive driving skills. Call me at Premier Law Group and I will dedicate my time and knowledge to your case in order to ensure you the compensation that you deserve. For more information and a FREE CONSULTATION, contact me at (206)285-1743.
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Tags: auto Accident, Car Accident, Everett, Medical Emergency, Multi-Car Crash, Multiple Vehicle, personal injury, Pileup, Seattle, Traffic Accident, washington
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Proving Medical Malpractice
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Any form of professional negligence that is carried out by a medical practitioner is regarded as medical malpractice. It involves the deviation from accepted medical standards in any given situation that results in the injury of a patient or even death. These standards vary but there is a general code of conduct that medical professionals are expected to adhere to in all their endeavors. They are responsible for the patient’s welfare and are liable for any damages or medical malpractice lawsuits that may be filed against them.
Knowing Doctor’s Responsibility
The responsibilities of doctors range from diagnoses and prescribing medication to performing surgical procedures. It is important for victims of medical negligence to locate lawyers who can help them build a case based on the circumstances surrounding the situation. A lawyer can make a successful claim on behalf of his or her patient by proving beyond reasonable doubt that negligence took place on the part of the defendant or medical practitioner.
The broad scope of medical malpractice is that it constitutes the disregard for an individual’s wellbeing. A medical malpractice lawyer guides the victim of negligence in terms of what legal options are available and how the individual can go about gaining compensation for any losses incurred. While in some situations a lawsuit cannot do much to restore much of what someone has lost, it serves as a pertinent reminder of how important it is for doctors to exercise caution in their care for patients.
Seeking Help for Medical Negligence
The best way to tackle the situation is by hiring a competent lawyer who will commit himself to making the doctor literally pay for whatever physical damage he has caused. In extreme cases where the death of a patient has been caused, the case can still be pursued by members of the deceased’s family. It may seem like a long and winding process for them but the reality is that seeking justice can be very fulfilling and it also goes a long way in helping people overcome the suffering that they have been subjected to through the medical negligence.
This article is for information purposes only and not a legal advice. Please inquire from the Tallahassee medical malpractice Attorneys Searcy, Denney, Scarola, Barnhart, & Shipley to understand more.
Can u pls snd me hlp? 911 text message services a real possibility, but what are the underlying dangers?
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Can 911-emergency text messaging services contribute to more danger and car accidents on the road? (Photo by ABC News)The FCC just announced Monday that texting services will be added to the 911 emergency lineup. The government agency decided to add texting services as part of their emergency response system since 70 percent of 911 calls are derived from mobile devices. Now, individuals facing an emergency will be able to relay help to dispatchers using text services, according to ABC News. But how will texting 911 mix with texting and driving laws in California?
FCC chairman Julius Genachowski has committed to modernize FCC protocol, calling it the Next-Generation 911 service. “911 is an indispensable, live-saving tool,” Genachowski said. “But today’s 911 system doesn’t support the communication tools of tomorrow. Even though mobile phones are the device of choice for most 911 callers, and we primarily use our phones to text, right now, you can’t text 911.”
The pros of the Next-Generation 911 service will allow individuals to communicate with emergency service in situations where they are unable to speak. This will be useful in an emergency car accident if an individual is faced with some sort of technical difficulty: no signal, low battery, or poor service.
However, an overlooked con to texting emergency services is the possible distraction it can impose on those already driving, especially if they are in a perilous situation. Distracted driving laws in California including cell phone use and text messaging have been strict, and for good reason.
According to the National Highway Traffic Safety Administration, dialing a cell phone increases the risk of a car accident or near car accident 2.8 times. And, text messaging increases the risk of a car accident or near car accident a staggering 23.2 times when compared to the car accident statistics with non-distracted driver.
Texting while driving has the potential to create a crash epidemic if texting continues to grow in popularity. If coupled with a true emergency, will texting 911 have any impact on maintaining safety on the road?
The jury is out: should the FCC modernize 911 calling with text services, or does this pose a further risk to causing car accidents on the road?
If you’ve been injured in a car accident arising out of suspected text messaging or cell phone use, contact our San Diego car accident attorneys today at 1-800-655-6585 for a free evaluation of your case.
Dec. 15 is the worst day for California drivers: how to stay safe on the road today
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According to Allstate and KTLA News, Dec. 15 is California’s most dangerous day for driving since most car accidents occur on this day. Unfortunately, more Californians are involved in automobile crashes on Dec. 15 versus any other day of the year.
The statistics come from Allstate Insurance Company after a review of California insurance claims spanning the last four years. There could be a wide variety of reasons Dec. 15 sees a spike in California-related car accidents: holiday shopping, bad weather and holiday parties – a popular Dec. 15 occasion – are all attributed as possible factors.
Car accident claims jump a staggering 23 percent on Dec. 15 compared to the daily average of Allstate’s processed claims throughout the year.
Could holiday shopping be that bad? On Dec. 15 it may be, so we encourage you to follow these safe driving tips today. You can help make the roads a little safer this year. Here’s how.
Whether it’s poor weather, busy mall traffic, or a long drive for a holiday party, here are tips to keep you safe on the road today. Don’t risk a being involved in San Diego car accident on Dec. 15!
So much to do, so little time. You and many others may be feeling this same way, so don’t hustle to get to your destination today. Be aware that high levels of stress can contribute to fatigue, causing you to be less alert on the road. The top cause of car accidents is distracted driving so don’t try to juggle too many tasks in the car today. Your driving ability is drastically improved when you reduce distractions and give yourself enough time to get to your destination, whether it be the mall or a holiday party. Plan ahead!
Dec. 15 is a popular date to host holiday festivities, and a big lunch or dinner is sure to make you feel tired today. Getting sleepy at the wheel is dangerous, so don’t risk it today. Most importantly, consider your alcohol level and never overindulge and drive under the influence. San Diego car accidents, especially DUI-related crashes, are heavy this time of year. Don’t be another statistic. Stay on the right side of the law and get a designated driver, and be sure to make arrangements prior to drinking.
You can bet that mall traffic increases in the evenings and on weekends, when most people are off work and available to shop. Consider being flexible in your travel plans today, and do your shopping another time. And because Dec. 18 is Allstate’s fourth most miserable driving day, you might want to consider doing your holiday shopping during the week, at off-peak hours.
If a crash does happen, and you become injured in a car accident, call us today at 1-800-655-6585 for a free legal evaluation of your San Diego car accident.
Explaining the Thin Skull Rule in Personal Injury Accident Cases
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Personal injury accident cases can be somewhat complex depending on the particular circumstances of the case. In some instances, a victim, or plaintiff, may have a pre-existing medical condition that can compound the injuries they’ve sustained as a result of an injury accident. The thin skull rule exists for the benefit of such injured plaintiffs. Corpus Christi injury attorney Michael Grossman helps to explain this rule in the following informational article.
The thin skull rule is a unique legal term that is brought into play when a victim with a pre-existing medical condition has been injured by the negligence of another party. In such instances, the defendant will still be held responsible for the victim’s injuries, even if those injuries are more extensive because of the victim’s prior medical condition. The rule is applied regardless of whether or not the defendant knew about the plaintiff’s prior medical condition. The rule requires, essentially, that a defendant takes a plaintiff “as they find them,” which ensures that a defendant cannot rely upon the plaintiff’s susceptibility to injury as a way to refuse their own liability for the injury.
Many victims in personal injury accident cases that have prior existing medical conditions are often unaware of the existence of the thin skull rule. This can sometimes mean that these particular plaintiffs are reticent to pursue legal action since they mistakenly believe that they’re likely not able to recover compensation due to their pre-existing conditions. Simply because a pre-existing medical condition causes a plaintiff’s injuries to be more severe does not mean that the person is less likely to receive compensation as a result. An experienced attorney, like a Midland injury lawyer, understands the thin skull rule and can use such a rule to help a victim seek proper compensation for their injury. If you or someone you know happens to be in such a situation, they are encouraged to contact a legal professional, like Fort Worth personal injury lawyer Michael Grossman, in order to learn more about the thin skull rule and how it might apply to that particular personal injury accident case.
Boating Accident Statistics
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Boating accidents are caused for several reasons. Those reasons may consist of operator negligence, speeding, inexperience or no lookout. Some boating accidents are a result of a defect in the boat. If this occurs, the operator may have a lawsuit against the boating manufacturer.
In 2008, there were nearly 3700 boating related casualties. These fatalities occurred in five different types of boats. The boats consist of open motorboat, personal watercraft, cabin motorboat, canoe/kayak, and rowboat. While the number of boating accidents rose from 4,967 in 2006 to 5,191 in 2007. That number appeared to decline in 2008. In 2008, over 510 deaths were related to drowning and all but 49 were not wearing a life jacket.
Most of the boating fatalities in 2008, were related to operator negligence or recklessness. However, there were other causes of boating fatalities. The top ten reasons for boating fatalities are listed below:
Alcohol UsePassenger or Skier BehaviorWeatherOperator InexperienceCareless or Reckless OperationExcessive SpeedOperator InattentionMachinery FailureForce of Wave or WakeAs it is important not to drink and drive a motor vehicle, it is also important not to drive a boat while under the influence of alcohol. It impairs the operator’s judgment and may result in fatalities. There were 124 boating deaths related to alcohol use. Almost half of the 276 boating accidents related to alcohol resulted in death.
The single most cause of injuries or boating accidents were a result of reckless operation of the boat. Of the 492 accidents associated with careless or reckless operation, 392 resulted in injuries. Open motor boats, by far, accounted for the majority of casualties related to boating. Over 700 individuals lost their lives in an open motor boat in 2008. Canoers and kayakers also suffered a large number of fatalities totaling nearly 230.
Exercising safety precautions while on a boat is of utmost importance. Some fatalities occur due to weather, malfunction, and waves. These types of accidents may be unavoidable in some instances. However, the leading cause of death was due to falling overboard, and the second cause of death was collisions. Each of these types of deaths are avoidable with the proper operation and safety jackets.
For more information on boating accident, visit Fort Lauderdale lawyer Kelley Uustal.
Right of Way and Truck Accidents
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A vehicle will sometimes come into conflict with a pedestrian or another vehicle because their intended courses of travel will be in conflict with each other. This is where the rules of “right of way” come into play. The general principle of right of way is defined as the one who has the legal right to proceed first or who should be given priority. This will establish who may use the conflicting part of the road and who has to wait until the other one has done so.
Devices for determining who has the right of way will include signals, signs, markings and various other features or devices designed to illustrate explicit priority. A good example of this is the nearly universal use of stop signs. If there are no signs or indications present that will determine the right of way, there are default traffic rules that must be observed. These rules will vary from location to location. There are efforts geared towards uniformity at an international level, which can be seen in the Vienna Convention on Road Signs and Signals. This convention prescribes standardization in traffic devices (signals, signs and markings) that are used to establish the right of way.
Pedestrian crosswalks are found in all populated areas and these are used to indicate that a pedestrian has the right of way over passing vehicular traffic. Traffic signals are found in most developed areas in order to designate right of way on the more congested roadways. The purpose of these is to expedite the flow of traffic in a safe and orderly manner by allotting timed intervals for vehicles to proceed from each direction. The intervals are programmed with certain factors in mind such as traffic volume, the location of other traffic signals and pedestrian crossings. Vehicles that are emerging from a private access must yield to motorists travelling on a public road with the exception of drawbridges, rail crossings and emergency vehicles.
Intersections that have no signals and particular roads at busy intersections may have temporary dominance whereby a break in traffic must be achieved which, in turn, gives temporary dominance to the other road.
Please note that this article is for informational purposes only and is not intended as legal advice.
You can find further detailed information regarding truck accidents in Boca Raton by visiting the Weinstein Law Offices.
“Crash Tax” may outrage New Yorkers but did you know it already exists in California?
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New York City motorists may be in for a surprise once Mayor Michael Bloomberg’s ordinance to collect “crash tax” becomes in-effect. The “crash tax” also referred to as an “accident tax” collects every time a car accident occurs. Why? The tax is used to offset the city’s cost to come out and service the car accident—police, firefighters, and ambulances cost the city money, so the tax is used to make up for the deficit, according to The Wall Street Journal.
The crash tax is New York’s response to serious budgetary constraints. Call it panic or brilliance, but the city intends to apply the crash tax anytime a person is involved in a vehicle accident, and insurance companies will not cover the cost.
The crash tax will cost motorists $490 for a vehicle fire or any other car accident incident involving injuries. A car fire with no personal injuries is discounted–$415 pays that crash tax. And, if motorists are lucky enough to escape their car accident with no fires or injuries, they will pay $365.
“We can no longer afford to provide [services] at no cost to those who require them,” a statement from the FDNY said. “Right now if you’re at fault in an accident or a vehicle fire, you get a free ride. And that should not be borne by the taxpayers.” says Steve Ritea, spokesman for the FDNY.
New Yorkers may be outraged, but a similar crash tax law is already in-effect here in California. For San Diegans, you don’t have to go any further than National City to get your first crash tax if you’ve been involved in a car accident. And, other cities throughout California are taking the hint: Los Angeles, Riverside, San Diego, Orange, Sacramento, Oakland, Palm Springs, and Ontario have approved or are considering it.
As with any bill or new government initiative, there are its appropriate pros and cons. Motorists should be aware of how the crash tax may possibly affect them, especially if they are not at-fault in a car accident. Some possible concerns against the crash tax include:
Good, responsible drivers may be more prone to a hit-and-run car accident. If California motorists face a crash tax, they may be more inclined to leave the scene of an accident to avoid the out-of-pocket expense. Since insurance companies won’t foot the bill, it’s up to the motorist to pay.Motorists will shy away from calling police when necessary. A car accident is bad enough; no one wants to pay additional money on top of their insurance deductable, time off work, and rental cars. Having to pay a crash tax may cause motorists to stop alerting police to review the scene of an accident, even if there are injuries or serious concerns at the scene of the car accident.Personal injury on the scene of a car accident may worsen. If a motorist is afraid of paying the crash tax, he or she may not call an ambulance when necessary. Will drivers sustaining whiplash start driving themselves to the hospital, just to avoid the extra tax? Personal injury can worsen if left untreated, but some drivers may be hesitant to call for help when needed.If you have been injured in a car accident, our personal injury attorneys can provide a free legal evaluation of your case. Call us now at 1-800-655-6585 or fill out our online form for an immediate response from one of our personal injury attorneys.
Related posts:
Car Accident ‘Crash Tax’ In Chula Vista Delayed AgainMinor Car Accidents Are More Costly In Some StatesCalifornia Officials To Offer Lower Insurance Rates To Automobile DriversPasadena Car Crash Kills Two And Injures FourThis entry was posted on Thursday, December 30th, 2010 at 8:38 am and is filed under Accident Prevention, Accidents in the News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
SAFEST DAYS ON THE ROAD JUNE 7-9 THIS YEAR
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Posted on June 7, 2011 by Morgan Adams
The 2011 Roadcheck is underway. This is the pre-announced "high inspection rate" period for tractor trailers. Over these few days almost 2% of the tractor trailers on the road have a chance of getting inspected. Despite being woefully inadequate, this is almost double the normal rate of daily inspections. This is when the smart unsafe truckers take a vacation. That is why you and I are safer than at other times during the year.
Note I have nothing against the inspectors. These folks are incredibly understaffed and overwhelmed by the task in front of them. I do have a problem with how the trucking industry spins the results. The industry could be shocked that 1 in every 5 trucks is found to have safety violations and do something about it. Instead they crow about how it is only 1 in 5 trucks and it is better than last year. AGAIN, ON AN ANNOUNCED INSPECTION! The one people prepare for!
I am not the only fellow out there that can read between the lines. You can check out Michigan Truck Accident Lawyer Steve Gursten's blog as well HERE.
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Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from Nashville
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Home > Legal Issues > Governor HaslamTells Brain Injured Tennesseans Their Injuries are not Catastrophic and Tells Tennessee Voters They are Stupid and Must be Controlled from NashvillePosted on June 19, 2011 by Morgan Adams
Governor Haslam has signed a law that states that non-economic damages should be capped in injury (tort) cases In Tennessee at $750,000 in most cases. Now in Tennessee juries are trusted to sentence a man to death, but apparently they are not trusted by the Governor to determine the proper amount of compensation for victims of someone else's wrongdoing in an injury case. There is not even a "three strikes and you're out" rule for really bad people and corporations that are repeat offenders!
Whether you agree or disagree with jury limits doesn't really matter, as the Tennessee Legislature and Governor Haslam can pass whatever legislation they want, and apparently they wanted to limit the amount of non-economic damages that can be received from someone injured by a wrongdoer. The new law is flawed in several aspects in my opinion.
First there is the hypocrisy in allowing "unlimited" damages against those that commit intentional acts. That sounds great but the Governor and legislators know that NO INSURANCE POLICY IN TENNESSEE WILL PAY FOR AN INTENTIONAL ACT. It is EXCLUDED from the policy. Thus an an injured victim will likely get less money, not more, if you prove the defendant acted intentionally. It sounds good on a stump speech, but in reality this section of the law gives nothing and takes away everything form the injured. The Governor could have easily required insurance companies to cover these acts, but chose not to do so.
The second level of the legislature's and Governor's hypocrisy is that juror's WONT BE TOLD that there are limits in place. They believe that they helped someone, when in reality the government took it away and made them sweat out determining the amount of non-economic damages above $750,000 in the jury room for NO PURPOSE.
The final part of this tragedy is that the Governor will allow some catastrophically injured Tennesseans to receive more than others. There is a special category for "catastrophic loss," which would raise the cap for non-economic damages in cases involving serious spinal cord injuries, severe burns, some severe multiple amputations, or the death of a parent of minor children. Now this new law excludes parents of adult special needs children, children taking care of the elderly (don't worry, they can go to a state run nursing home), victims with brain injuries, twenty year olds who have to wear diapers, or a bag, to catch excrement and waste fluids, chronic pain, etc...
Shouldn't we let a jury, on a case by case basis, decide if these cases are catastrophic after hearing the all facts? Shouldn't we let a jury decide that if you kill enough Tennesseans, you are going to get put out of business? Do parents taking care of special needs adult children, really deserve less than parents taking care of minor children? The Governor and legislature chose to take away these choices from the jury. Some Tennesseans are now more different than others and none of us are as special as corporations.
Many of my clients are brain injured, and catastrophically so, even if they are able to walk and talk. Their lives, as they knew them prior to the wreck, are over. In many case their personalities have changed. They died, but their life goes on. I find it arbitrary, and frankly an abuse of power, that the Governor has decided who can be catastrophically injured in advance of knowing all the facts. That Nashville knows better than a jury of 12 Tennesseans. I guess I trust the people of Tennessee more than those in office now. Voter's of Tennessee, your governor and your legislature just called you too stupid to do what is right in a jury box. (they also called the Judge, lawyers in the case, the Courts of Appeal and the Tennessee Supreme Court too stupid to get it as well, but hey, they were on a roll.) Voters you need to remember this come November.
Schneider Tries to Hide the Ball in Litigation
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Posted on October 14, 2011 by Morgan Adams
I have not been able to post recently as I am up to my eyeballs in litigation. I am shocked these days about how hard I have to fight to obtain information, even simple information, from trucking companies. This is information that just a few years ago was routinely provided to me without a fight.
Recently, in a pending case I have against Schneider National Carriers, I actually had to file a motion to compel discovery in order to obtain a user manual for a computer system. This is a computer system that is commercially sold. Everyone that gets the computer gets a manual. The manual is not a secret, and I shouldn't have to fight to get it. Schneider wont even provide me the INDEX of the commercial programs it uses without an order of protection.
What are they trying to hide? Well, we believe lots, but that's for another day.
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NATIONAL TRUCK LAWYERS PROGRAM IN NEW YORK CITY
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Posted on July 17, 2011 by Morgan Adams
Last week I moderated the morning session of the national conference for the American Association for Justice's Trucking Litigation Group. This is a group of truck accident attorneys from around the country, as well as lawyers who are learning how to handle their first truck accident cases. This is the sort of continuing legal education you want your lawyer to have if they are going to handle your trucking case. See my prior post on "how to hire a great truck accident lawyer"
The litigation group’s mission is to educate and prepare lawyers on how to handle truck accident lawsuits and to work with safety authorities on the national and state level to make trucks safer on the roads and to reduce the number of truck wrecks. I am a past president of the trucking litigation group.
The program this year was terrific. Some of the topics that were covered include:
• Introduction for lawyers to truck accident cases
• Teaching jurors the dangers of trucks
• The opening statement in a truck accident lawsuit
• Using the special rules and regulations governing the trucking industry in depositions
• Preparing the truck accident case for trial
• Closing arguments in a trucking case.
This conference was in New York and is part of the American Association for Justice summer convention. I enjoyed helping my fellow injury attorneys better understand how to represent and protect their clients, and in particular the truck accident victims who have been harmed by negligent trucking companies.
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WRONGFUL DEATH PROCEEDS IN TENNESSEE
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Posted on August 2, 2011 by Morgan Adams
I have been asked by families (and defendants) where the money in a wrongful death case goes in Tennessee. In Tennessee the wrongful death proceeds are distributed under the laws of intestate succession. Kline v. Eyrich, 69 S.W.3d 197, 202 n.3 (Tenn. 2002).
The proceeds of a wrongful death case, unlike an injury case, pass free of creditors' claims. Tenn. Code Ann. sec. 20-5-108(b) and 20-5-106. Foster v. Jeffers, 813 S.W.2d 449 (Tenn. App. 1991).
Tennessee Code Section 31-2-104 sets out the rules for intestate (dies without a will) succession:
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate estate; or
(2) If there are surviving issue of the decedent, either one-third ( 1/3 ) or a child's share of the entire intestate estate, whichever is greater.
(b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows:
(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
(2) If there is no surviving issue, to the decedent's parent or parents equally;
(3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or
(4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
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Louisiana man to receive $2.8M in lawsuit against Allstate
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Allstate Insurance Company must pay a Louisiana man who lost his home to Hurricane Katrina more than $2.8 million in damages and penalties, a federal jury decided Monday in a case that hinged largely on whether it was wind or storm surge that wiped out his house.
The jury found Allstate – which claimed most of the damage was due to storm surge, an event not covered in its policy – did not pay Robert Weiss enough money to cover wind damage to his home. The verdict included a $1.5 million penalty for the company’s failure to pay the claim quickly enough.
Allstate lawyer Judy Barrasso said in closing arguments that Katrina’s winds were not strong enough to do the damage.
The lawyer for the Weiss, whose home was in the Slidell area on the north shore of Lake Pontchartrain, told the jury in closing arguments that the house was too high above sea level to have been destroyed by Katrina’s storm surge. The eye of Katrina passed just east of Slidell on the morning of Aug. 29, 2005. He also argued that the house was 17 feet above sea level and that engineering data suggested only 14 feet of surge hit the area. “It never reached the bottom of the house,” he said.
Weiss had an Allstate homeowner policy with limits of $343,000 for the dwelling and $240,100 for personal property.
The company, blaming the majority of damage on Katrina’s storm surge, paid $29,483 for structural damage and $14,787 for additional living expenses.
Allstate’s Barrasso said sustained winds at the house did not exceed 100 mph. “There was plenty of evidence to show the winds were not strong enough to topple this house and the storm surge was,” she said.
Jim Neva, a surveyor and engineer who inspected the house for Allstate, initially told Robert Weiss, who is listed as the policy holder, that wind may have destroyed the home before the surge of water washed away its remnants.
He later backed off that conclusion, however, and deferred to engineering consultant Craig Rogers of Rimkus Consulting Group. Rogers, who wrote the final report on the home for Allstate, convinced Neva that storm surge demolished the house.
Rogers said he didn’t personally inspect the property until after he wrote the report. He said he based his conclusions in part on evidence gathered by other Rimkus engineers – a practice he described as common. But Trahant questioned the move.
“Why did Allstate elect to rely on the one engineer who never set foot on the property until long after he stamped his report?” Trahant said in closing arguments.
Confidential Settlement reached between Comair and 2 families
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Comair Incorporated has reached the first two settlements in the August 27th crash of a Comair regional jet at Lexington’s Blue Grass Airport.
Comair Incorporated has reached the first two settlements in the August 27th crash of a Comair regional jet at Lexington’s Blue Grass Airport.
Comair released documents that it filed Friday in U.S. District Court, which include a letter informing the court it has settled claims from the estates of Priscilla Johnson, 44, of Lexington, and Mary Jane Silas, 58, of Columbus, Miss.
Parties in those cases are still finalizing terms of the agreement and “have agreed to keep details of the settlement confidential at this time,” the letter said.
Johnson and Silas were two of the 49 people on Comair Flight 5191 who died in the crash that occurred after the plane attempted to take off from the wrong runway. The plane tried to take off from a 3,500-foot runway used by small planes, although it was supposed to use a runway twice as long.
“The terms of the settlement are confidential, but I can tell you that the agreements provide fair compensation to the families for their loss,” Comair spokesperson Kate Marx said.
Marx said that 29 lawsuits have been filed so far on behalf of 38 passengers. The letter shows that the estate of Silas settled before it filed suit against Comair.
“We are fulfilling our commitment to ensure the settlements are prompt and fair to the families of this tragic accident,” Marx said. “We also remain committed to doing what is reasonable for each of the passenger families, and we have every motivation to continue to pursue fair compensation for victims.”
Phillips Home Page
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Effective car accident attorneys in Arizona work to hold negligent parties responsible for injuries, damages, pain and suffering, and a loss of wages for accident victims all over the state. Car and truck accidents are constantly on the rise as more automobiles take up our roadways and drivers are becoming more and more distracted. Our Phoenix auto accident lawyers can ensure AZ auto accident victims peace of mind in a complicated and painful time, along with the ability to concentrate on what is most important: your recovery. Contact the law firm of Phillips Law Group today to begin the healing process without worry.
Phillips Law Group Law Firm has been a pioneer in Arizona for the past 15 years. We have been offering high quality legal services with the necessary resources such as private investigators, highly trained paralegals, case managers, and experienced Attorneys who dedicate their practices to specific areas of law. We have allowed thousands of clients to pay for our services using flexible payment plans and flat fees.
We believe that by having a team of experienced lawyers and more than the highest quality support staff helps our clients benefit from our shared resources. Over the years we have proven that we will go up against anybody to protect the rights of the average citizen. Our professional team approach does not stop in the office. We gladly make house calls and hospital visits for clients in need every day, and there is no fee for this service.
Phillips Law Group is on of Arizona's largest consumer law firms and our experienced attorneys can help you if you are injured in an Arizona car accident or been a victim of malpractice. Our attorneys have offices located throughout Arizona including Phoenix, Tucson, Mesa, Arrowhead and Peoria.
We have a devoted Car Accident & Injury Department, which employs more than forty high quality Personal Injury Attorneys, Wrongful Death Lawyers, and support staff. If your case needs to go to trial, our trial attorneys will continue to represent you throughout your entire case. Unlike many law firms, we do NOT use outside attorneys to take over when a case is going to trial. When you hire Phillips Law Group law firm to represent you, we will be with you every step of the way until your case is resolved.
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Phillips Law Group’ attorneys have hundreds of years of total combined legal experience and have helped more than 100,000 clients. Our lawyers are highly experienced and we proudly have several lawyers who are recognized as Board-Certified Specialists by the Arizona State Bar Board of Legal Specialization in their area of practice.
While Phillips Law Group’ primary office is in Phoenix, Arizona, we have numerous offices throughout Arizona and we are representing clients all over the United States in all areas of serious accident and catastrophic personal injury, wrongful death claims, product liability, medical malpractice, Avandia, and other pharmaceutical litigation. We have more than a dozen attorneys in our Accidents & Serious Injury Law Division and we can help you with any type of serious accident or injury.
Contact Phillips Law Group to schedule a free consultation and discuss how we can help you with your legal problem.
New State-Of-The-Art Office
We are excited to move into our new state-of-the-art office which will provide our legal staff more resources when defending the rights of our clients. We have been planning the move for over a year and we have been feverishly anticipating the move to our new offices. As of now we will be located at 20 East Thomas, 26th floor, Phoenix AZ, 85012. We are 1 block East of Central and Thomas in the Qwest building.
Please park in the designated parking garage attached to our building and we will pay for your parking when visiting our office.
We also have several other locations throughout the valley to serve the entire State of Arizona.
