17. February 2010

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Child Restraints in Cars

It’s always a good idea for people to wear the proper seatbelts/restraints when riding in a car. However, it’s mandatory, in most regions, for children (up to the age of 12 – or 4 ft 9 inches in height) to use safety seats when riding in automobiles.

Ages 0-3
Although laws vary from state to state, children from the ages of 0 to 3 should have the proper child restraints no matter if they’re riding in the front or back seats of any type of motor vehicle. It’s important that children under the age of three are restricted from riding in any vehicle that does not have seat belts installed. The only exception to this, are taxi cabs, buses and emergency vehicles, which don’t have restraints available.

Agest 3-12
From the ages of 3 through 12, the proper automobile restraint is can also be mandatory (depending on the region and the child’s age). In some jurisdictions, a child may travel in the rear seat of a car without a restraint but is required to be secured with a restraint when traveling in the front seat.

Choosing a Restraint
When choosing the proper restraint, it’s important that you check to make sure that the seat is properly certified. This will be indicated on the seat, itself, and a store representative should be able to assist you in making this determination. Even though most car seat models are designed to fit most cars, it’s always a good idea to try the seat in your own car, before purchasing – or at least make sure that there is a return policy, should the seat not fit your particular car. Always check for any visible defects, as these can prove to be devastating in the event of an auto accident.

Although a good car seat may be a bit costly, it’s certainly worth the expense to protect your child’s safety. It should also be noted, that while second hand car seats can be obtained, you should make sure the seat is not worn and that it adheres to the standards that are currently acceptable nation-wide.

If your child is going to stay with a friend or relative, you should also make sure that your child either has their own safety seat with them – or that the friend or relative has a proper child seat installed in their vehicle.

Please note that this article is for informational purposes only and is not intended as legal advice.

If you’d like more information regarding child restraint defects, please contact Attorney Kristopher Barber, practicing in Dallas, Texas.

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30. October 2009

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Lawsuit Funding for Truck Accident Victims

Each year over one hundred thousand people are injured in truck related accidents. These accidents are caused by many different reasons, including driver impairment and faulty trucks. Often the victims are killed or left disabled for life. They seek some compensation for their loss and to cover excessive medical bills brought on by the accident.

Unfortunately, it can a long time to complete an accident liability case. Victims and their families are forced to pay for their care out of pocket until the case is settled. Many accident victims were struggling, often living paycheck to paycheck or forced into bankruptcy.

When a truck accident happens there are going to be several investigations to determine liability. These will be conducted by state and local law enforcement and official agencies. This can take time depending on the severity of the truck accident.

When liability has been established it places the blame for the accident on a person or company. Depending on the circumstances of the accident, this might be the truck driver, the trucking company, or the manufacturer of the truck. The initial investigation could find all of them at fault, or just one or two of the parties.

When a person or company is found liable they may face both legal charges and a civil lawsuit. The attorney for the defendant will want to do a crash investigation of their own. This will also take time. The defendant’s attorney will want to go over all the evidence carefully and conduct interviews. Their goal is to get the charges dismissed or for their client to be found innocent.

Unfortunately, the accident victims have to wait for all the investigations to be completed before the case goes to trial. This wait could last for years, during which time they may be struggling financially because of the burdens brought about by the accident.

Lawsuit funding is a service that some lawyers offer to help accident victims receive money while their case is being investigated and tried. This funding can help pay for any medical care that is needed due to the accident. It can also help replace an income for a person who was killed or disabled because of the accident.

Lawsuit funding provides truck accident victims with fast payouts to take care of their medical bills and other expenses while their attorney works to get them compensation for their injuries. This is also called pre-settlement lawsuit funding. Each case is reviewed individually, and the amount and payment schedule is based on the strength of the case.

Lawsuit funding can help truck accident victims by providing funds to cover their costs and expenses. It is important that victims understand that these are actually loans. Victims should look for a lender who offers non-recourse cash advances, which means the lender does not receive payment unless the victim wins their case. Because of this policy, both the attorney and the lawsuit funding lender are going to review all requests and may only give funding to cases they feel are strong. They want to ensure that the victim will win their case or receive a settlement from the liable parties.

This article should not be construed as legal advice.

Additional Legal Pages: If you have been involved in an accident and need additional information please visit the Law Offices of Gordon & Elias, LLP. Serving clients nationwide and South Florida.

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28. October 2009

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Practice Area of DWI Attorney Explained

Driving While Intoxicated is a real serious offence in Dallas and due to this very reason Dallas Criminal Defense Law has presented various practice areas for DWI attorneys here.  The penalties and punishments for a DWI conviction are numerous as they basically depend on the seriousness of the crime. If anyone has been charged with the DWI conviction, then the course of action directs towards one solitary effort only and that is seeking help of a DWI attorney. One needs to hire a DWI attorney who has complete knowledge of Dallas Criminal Defense Law and has expertise in its various practice areas.

Practice Areas of DWI Attorney

  • DWI (Driving while intoxicated):- This deals with the offences committed by the convict when he was in an inebriated state and was driving a vehicle at the same time. If one is tested positive to have alcohol consumption more than the permissible value of 0.08, then that person is surely convicted under DWI law.
  • DWI With a Child: – This is another area practiced by DWI attorneys. In this, if a person is driving while in an intoxicate condition and the passengers present in the vehicle are less than the age of fifteen years, then one can be convicted.
  • Flying While intoxicated: – This area also comes under the practice of a DWI attorney. In this, the person is convicted if he is driving an aircraft in an intoxicated condition.
  • Boating While intoxicated: – This area also comes under the practice areas of a DWI attorney
  • Operating or Assembling an Amusement Ride in an Intoxicated Condition: – Although this is not a common type of DWI offence, but still most of DWI attorneys practice it. In this, a person is bound to be convicted if one is found to be in an inebriated condition while operating or assembling an amusement ride.
  • Intoxication Assault: – This is one of the most common areas of DWI attorneys practice. Any person who commits an accident or by any other reason causes a bodily harm to others is subjected to conviction.
  • Occupational Licenses: – Most drivers seek help of a DWI attorney under this category of offense. The main reasons why anyone would be convicted under this specific area are that the driver has refused to take the breath test or has failed the breath test.
  • Driving With Invalid License While Intoxicated: – This definitely adds more to the punishment that one would receive at the end as in this the person has committed two crimes, one is driving in an inebriated condition and second is that the license is invalid.

in Dallas. Under this, the person is convicted if found driving a watercraft in an intoxicated condition.

Some other areas of practice of DWI attorneys at Dallas include automatic license revocation hearings and probation revocation for DWI.

Depending on the type of crime that one has committed, one needs to find a DWI attorney in Dallas and file a hearing request within the 15 days of the crime.

This article is not intended for legal advice.

Additional Legal Information: The Law Offices of Michael Lowe. Serving all of Texas.

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29. September 2009

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Real Estate Law and Foreclosure

If a homeowner fails to make their mortgage payments, the lender may choose to foreclose on the property. Foreclosure is the legal proceeding by which a lender repossesses the property from the homeowner in order to sell it. Your mortgage documents will specify when the mortgage holder can initiate foreclosure proceedings.

Foreclosure by Judicial Sale

Foreclosure by judicial sale or judicial foreclosure means that the sale of the property happens under court supervision. Under judicial foreclosure, the proceeds from the sale of the property are distributed in the following order:

  • The mortgage holder
  • Any other lien holders
  • Finally the borrower if there are any proceeds left over

Foreclosure by Power of Sale

Foreclosure by power of sale applies if there is a power of sale clause included in the mortgage documents or if a Deed of Trust was used instead of a mortgage. The sale of the property by the mortgage holder happens without court supervision and this is usually a much quicker process than judicial foreclosure. The proceeds from the sale are distributed in the same way as a judicial foreclosure.

Avoiding Foreclosure

There is a good amount of cost to the lender regarding foreclosure, so many lenders would prefer to work with the borrower to avoid foreclosure. Additionally, during times when the real estate market is suffering, if a bank forecloses on a property that is worth less than the borrower owes, the borrower may be responsible for the difference. Because of this it is important to try to work with your lender to avoid foreclosure.

Some lenders will choose to accept interest only or partial payments for a time to allow the homeowner to get back on track. This is called forbearance and many lenders will require you to make up the difference later. Some situations that will make a lender more likely to agree to a forbearance is if you will be receiving extra money soon, such as from a tax return or a bonus from work.

Loan reinstatement is where you agree to make up any missed or reduced payments by a specified date. Loan modification includes converting an adjustable rate loan to a lower fixed rate mortgage or making the loan terms longer so that your payments are lower, but for a longer period of time. Loan modification options can help you to keep your home by making your payments more affordable.

When you are trying to avoid foreclosure, it’s important to work with your lender sooner rather than later. If you know you will have trouble with your payments in the future, now is the time to work with your lender.

Making Home Affordable Plan

In 2009, the federal government instituted the Making Home Affordable Plan to assist homeowners in renegotiating their mortgages in order to remain in their homes. The Making Home Affordable Plan offers homeowners the option of refinancing their homes even when they owe more than it is currently worth or the option of modifying their current mortgage if they are having trouble making their payments.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about real estate law.

Additional Legal Sites:  For more information on real estate and foreclosure laws please visit the Snyder Law Group.

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29. September 2009

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Auto Insurance and Vehicle Collisions

There are many different levels of coverage offered by car insurance companies, from very basic liability coverage to collision and comprehensive insurance. Knowing what is covered by each type of car insurance can help you to understand what type of insurance you need.

Liability Insurance

Liability coverage is for bodily injury and property damage to others when you cause an accident. Bodily injury covers medical costs for others and it can also pay for your legal expenses incurred because of the accident. Property damage coverage pays for any damages caused by you and any legal expenses related to the property damage caused. Each state has its own minimum liability coverage requirement.

Uninsured or Underinsured Motorist Insurance

Many states also require uninsured or underinsured motorist insurance to pay for damages caused to you, your passengers or your vehicle if you are in an accident caused by a driver with no insurance, or not enough insurance. This insurance may also pay for your lost wages or other damages.

Medical and Personal Injury Protection

Medical insurance covers medical expenses resulting from an auto accident. Some health insurance policy’s coverage is redundant with this medical coverage and it may not be needed.

Personal Injury Protection (PIP) adds to the medical insurance by also covering the costs of things like childcare or funeral services.  Many no-fault states require PIP and in others it’s optional.

Collision Insurance

Collision insurance is often required if your car is financed or leased. It will pay for damage to your vehicle if you are in an accident, whether it is caused by you or by someone else. There is often a deductible and the insurance company will decide if they want to pay to have your car repaired or if they want to “total” the car. If the repairs are more than a certain percentage of your car’s actual cash value, then they will choose to total the car and pay you the cash value, not the replacement cost of your car.

Comprehensive Insurance

Comprehensive insurance covers any damage to your vehicle that is not caused by an auto accident, such as vandalism, falling objects, floods, natural disasters, fire or theft. Like comprehensive insurance, the insurance company will determine whether it’s worth it to repair your car or total it.

Additional Coverage

Many car insurance companies offer optional services to be added to your insurance policy. These include:

  • Rental car reimbursement
  • Roadside assistance or towing

Knowing what each type of insurance covers can help you to decide which coverage you need and which you can do without. The required coverage for each state differs, so check your local insurance requirements to find out which are necessary and which are optional.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about car accidents.

Further Related Legal Information: For more information on personal injury in Long Island visit WurtzelLaw.com

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29. September 2009

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Car Accident and Insurance Defense

Most people will be involved in an accident at least once in their lifetime.  Most of these people will make the mistake of not contacting an attorney.  People do not realize how an attorney can work for them when going up against various insurance defense laws.

There is a misconception among many people that an attorney will just create more problems after an accident.  Think again.  Your biggest problem will be trying to fight a large insurance corporation that knows all the tricks when it comes to insurance defense law.  The real problems will begin when you think you can just call an insurance company to seek payment for your injuries and expenses.

Working with the proper attorney will ensure that you get what you deserve.  Insurance companies are out to discredit your case and under value your claim.  Too many people believe that their insurance companies are on their side.  Insurance companies are a business just like everyone else.  Their goal is to be as profitable as possible.  This is even true if it is being done at your expense.  They are not your friend.  They are protecting their interests and not yours.

After you have been in an accident, receive medical attention if necessary.  You will have to report your accident to your insurance company.  Be careful during your conversation.  After you file your claim, anything you say can be used against you.  This can even be true months after your case has been closed.  Never take an offer from your insurance company.  They will settle for the least amount of damages possible.  There are many loopholes that they jump through to ensure that they are protected under insurance defense law.

If possible, contact an attorney right after your accident.  This is not always possible, but is to your advantage if it is.  You then would not speak to the insurance company until you and your attorney have discussed your situation.  Your attorney can deal wit the insurance company as well.    You need to act fast so that you don’t lose the right to file a claim.  Insurance companies often have a short timeline.

Your insurance company will do whatever they have to in order to prove that you had some fault in the accident.  They will also try to rush the proceedings so that they have the advantage.  The less amount of time you and your attorney have the less time you have to collect evidence and continue building your case.  Litigation attorneys know how to push the insurance defense laws on the plaintiff.  It is critical to your success to have an attorney represent you.  If you go at the insurance companies personally, you will never get the settlement you deserve.

Your attorney should be very knowledgeable in the area of insurance defense law.  This will help them build a case based on what the defense is going to try to do.  They will help you receive compensation that may be taken away if you do not consult an attorney.

This is not legal advice.

Legal Resource Site: The Law Office of Ryan L. Snyder. Representing Bradenton, Fl.

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10. September 2009

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Truck Accidents | The Lethal Giants

Many trucks have been deemed as lethal giants.  There are many tractor trailers, 18-wheelers, tanker trucks, and many other trucks that are taking over our roads.  The accidents caused from these trucks are continuously increasing. Many of these can be prevented.  Driver fatigue and not following driving laws are the main reasons for accidents.

Legislators and trucking companies have tried to address roadway safety.  These oversized trucks have caused many accidents.  The horrible problem just repeats itself time and time again.  People are lucky to come out of a trucking accident alive let alone with injuries that have been sustained.  The consequences to the victim are very substantial.  Many people never fully recover from their injuries if they do make it out alive.

Many accidents occurred during times of intoxication, error, fatigue, loads that are too large, equipment failure, fatigue, not following standards, traffic violations, dangerous cargo, and delivery times that are unreasonable.  There are more people at fault than just the drivers.  Some people load trucks too full, delivery times should not be so unreasonable, along with many other factors.  The roads need to be safer for everyday commuters.

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2. September 2009

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Truck Driver Log Books and Staying on Course

Every truck driver is required to have a log book. The log book:

  • Must be in the truck driver’s own handwriting
  • Details all activities within each 24-hour period, for example hours of driving and hours of rest periods
  • Includes information on breakdowns, delays, inclement weather

Trucking companies are required to maintain supporting information that can verify that log books are complete and accurate. In some cases truck drivers have been shown to have two copies of their log books, one that makes it appear they are following Hours-Of-Service regulations, and one that details the true hours they have been driving.

Drug Use to Combat Fatigue

Some truck drivers have turned to methamphetamines to allow them to stay awake longer so that they are able to drive further. Methamphetamines trigger effects much like a fight or flight response including higher heart rate, breathing rate, blood pressure and body temperature. Continual use of the drug with little or no sleep leads to extreme agitation and paranoia.

Even with Hours-Of-Service regulations, fatigue continues to be a leading factor in large truck accidents. Part of the blame should be on trucking companies for subjecting drivers to unreasonable delivery times. The truck drivers are also responsible for consciously deciding to ignore the regulations, drinking while intoxicated or even using methamphetamines to stay awake for extreme periods of time.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about truck accidents.

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28. August 2009

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Truck vs. Other Vehicle Accidents

The size of large trucks puts all other types of vehicles and even pedestrians at a serious disadvantage when it comes to a collision. To be classified as a large truck it must be over 10,000 pounds, but most United States highways allow for a maximum weight of 80,000 pounds. Compare that to a passenger vehicle which weighs roughly 3000 pounds, or even worse, to a human body.

Truck vs. Car Accidents

When there is a collision between a large truck and a car, the damage is almost always more significant to the passenger vehicle. A large truck can very easily crush a compact car, and oftentimes the driver of the truck cannot even see the car. All large trucks have “blind-spots” that other drivers should be aware of. Drivers of passenger vehicles must also be aware that it is more difficult to maneuver a large truck, they can’t stop or turn as quickly as a car.

Truck vs. Motorcycle Accidents

While large trucks have an advantage over passenger vehicles, the advantage is even greater over a motorcycle and it’s passengers. Trucks are the largest vehicles on the road, and motorcycles are the smallest. When there is a collision between a large truck and a motorcycle the majority of damage and injury will always be to the motorcycle.

Motorcycles are difficult for drivers of passenger cars to see, so this is doubly true for the drivers of large trucks. Motorcycle drivers need to be even more aware of the “blind-spots” that all large trucks have.

Truck vs. Pedestrian Accidents

The bulk of a large truck’s time on the road is driven on highways and freeways. However, once a large truck gets to its destination city it then has to leave the highway and travel along roads that are shared with pedestrians.

The “blind-spots” that large truck drivers have to deal with regarding other vehicles like passenger cars and motorcycles are added to additional “blind-spots” when dealing with pedestrians. A large truck can be much taller than a person trying to cross the street so it’s possible to be in a blind spot simply by walking in front of a large truck.

This article does not contact legal advice. Please contact a truck accident lawyer in your area for specific rules and regulations.

If you live in Florida, please contact the Tallahassee truck accident lawyers at Searcy Denny (based in Tallahassee).

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3. August 2009

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Types of Compensation for a Personal Injury Claim

Knowing exactly what is considered to be an acceptable and fair amount of compensation is best left to the professionals. You may want to enlist the services of a professional lawyer who specializes in personal injury lawsuits. Finding a lawyer who is well versed in personal injury will give you the best shot at receiving the most compensation that you can for your injuries, pain and suffering.

If you or a loved one are the victim of a personal injury due to the negligence of another person, they must be held accountable and your compensation will be determined by the judge. Working closely with an attorney who has experience with cases that may be similar to yours will give you a better feeling as to what you can expect.

One thing you should do if you plan on recouping your out of pocket expenses is to keep a detailed record of everything that you have had to spend money on. And the more details that you have regarding the incident that caused the personal injury, the easier it will be for your attorney to get your claim started and get you everything that you have coming to you.

You will save a lot of time and money if you have a personal injury professional handle your claim. Take a moment and submit your information on line for a free quote or make an appointment for a free consultation so you can get started right away.

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