January 22, 2023
Typical Causes Of Rideshare Accidents
Rideshare Accident Lawyer
Many people rely on rideshare services when other types of transportation are less convenient or unavailable. Unfortunately, there have been an increasing number of rideshare accidents that have resulted in victims suffering injuries. If you have been in an accident involving a rideshare vehicle, you may want to find out if you are eligible to recover your losses through compensatory damages. Common causes of rideshare accidents are described below.
A rideshare driver is responsible for driving safely and keeping their passengers safe. They should not resort to reckless driving like speeding and weaving through traffic. These are all types of unacceptable high-risk behavior that can result in an accident. If you have been in a rideshare vehicle and have evidence that your driver was driving recklessly which led to the accident, find out if you are able to file a claim.
Another common cause of rideshare accidents are unsafe or improper turns. Rideshare drivers may be in a hurry to drop off or pick up passengers, so they may make unsafe turns. Sometimes a driver may misjudge a turn, such as when they are making an unprotected left turn. Accidents involving unsafe turns can also happen if the driver does not look in all directions before entering an intersection or making a turn.
Rideshare vehicles can be full of many distractions. Drivers and passengers often have small talk to make the ride comfortable and pleasant. However, rideshare drivers must make sure that they are not taking away their focus on the road. Distracted driving is one of the leading causes of accidents, and rideshare drivers may be more prone to it.
Unsafe pickup or drop off locations
Passengers using rideshare services depend on rideshare drivers to transport them to safe locations. They also must make sure that they are picking up passengers in safe areas. As a skilled rideshare accident lawyer like one from Presser Law can tell you, drivers must follow specific policies in addition to traffic laws. One of the reasons that a number of rideshare accidents occur is because a driver chooses a dangerous location for the passenger to enter or exit the vehicle. These areas can include busy intersections, streets with heavy traffic or near freeways.
Not yielding to pedestrians
Streets are often full of pedestrians, so drivers must be attentive of their surroundings. Because rideshare drivers frequently pick up or drop off many passengers, they are often around pedestrians. Not yielding to pedestrians can cause an accident to occur. Making full stops and making eye contact with people at intersections or crosswalks is critical to prevent an accident from happening.
Personal injury accidents involving rideshare accidents are a specialized area of law and can be tricky to navigate. If you are thinking of filing a claim after sustaining injuries in a recent rideshare accident, you may want to consider meeting with a lawyer who handles rideshare accidents. To find out more, schedule a consultation in your area right away.
January 13, 2023
Uninsured Motorist Accident Scenario
Car Accident Lawyer
Uninsured motorist insurance is an important form of protection for drivers because it can provide coverage for those who are injured in a car accident with an uninsured or underinsured driver. An experienced car accident lawyer from Zweig Law, PC Attorneys at Law explains that without this type of coverage, victims may be left with staggering medical bills, lost wages, and other financial losses that they cannot afford to pay out-of-pocket.
Uninsured Motorist Accident Scenario
For instance, if a driver is hit by someone who does not carry auto insurance or carries inadequate coverage, the victim may not be able to recover any damages unless they have uninsured motorist insurance in place. This type of policy can compensate an injured party for medical bills, lost wages, and other costs associated with the accident. Uninsured motorist coverage also provides protection against hit and run accidents as well as those caused by drivers whose identity is unknown (such as a stolen vehicle).
Another important benefit of carrying uninsured motorist insurance is that it helps ensure that all responsible parties are held accountable for their actions when it comes to causing a car accident. If an at-fault driver does not have enough insurance or any at all – which often happens – then uninsured motorist coverage can help cover damages that exceed the other driver’s liability limits. This can help ensure that victims receive full compensation for their losses instead of just partial payments that do not fully cover their expenses.
State-Mandated Uninsured Motorist Insurance
Finally, it’s important to note that most states require drivers to carry some form of uninsured motorist insurance in order to protect those involved in an accident from the financial burdens associated with being hit by an underinsured or uninsured driver. Without this type of policy in place, victims may end up paying out-of-pocket for injuries sustained due to another person’s negligence on the road.
Overall, uninsured motorist insurance is a valuable form of financial protection for drivers who are injured in a car accident due to another person’s negligence behind the wheel. It ensures that victims will receive the proper compensation for their injuries regardless of whether the responsible party has adequate auto insurance or no insurance at all – something which many don’t realize until it’s too late!
January 12, 2023
What Every Dog Owner Should Know About Dog Bites
Dog bites can lead to some serious lawsuits, so it is important that you are prepared and that you have a dog bite lawyer on your side.
If you own a dog, then you probably know that dog bites can happen at any time. But what happens if your dog bites someone? Do you have to worry about being sued? If so, how will this affect your life and your finances?
The answer is yes — dog owners do have to worry about being sued when their dogs bite someone. And the good news is that there are ways to protect yourself from liability. The first step is understanding what happens in a dog bite lawsuit, and the second step is knowing how to protect yourself from being sued.
What Causes Dogs to Bite?
There are many reasons why dogs bite people, including pain or fear. This can be caused by something as simple as a bee sting or something more severe like abuse or neglect.
Dogs also bite out of instinctive behaviors, such as playing or protecting their territory. In addition, some breeds of dogs are more likely than others to bite more frequently because they were bred specifically for protection purposes (e.g., German Shepherds).
A dog’s age can also affect its behavior because puppies tend to nip at one another during play, and adolescent dogs may become aggressive during adolescence due to hormonal changes in the body.
What to Do If Your Dog Bites Someone
If your dog bites someone, it’s important that you take immediate action by contacting an experienced dog bite lawyer in Tulsa. You’ll need to investigate the situation and determine whether any negligence was involved on your part or if the bite occurred due to another factor, like a medical condition or an illness. In either case, you could be liable for damages incurred by those injured by the dog.
Know That You May Still Be Liable
Even if your dog has no history of biting people or animals and has never shown any signs of aggression, you may still be liable for any injuries he causes if he bites someone. While it’s true that dogs are legally considered property, and their owners are not held liable for their actions, there are exceptions to this rule in the state of Oklahoma.
If your dog is vicious or dangerous, then the owner is liable for any injuries caused by the dog. In addition to being liable for damages incurred by the victim, if found guilty of owning a vicious or dangerous dog, you could also face jail time or even license revocation.
What Happens When Someone Sues You For A Dog Bite?
When someone sues you for a dog bite, they are seeking compensation for their injuries or damages caused by the incident. They may be sued for medical bills or pain and suffering caused by the attack.
In some cases, they may even sue for wrongful death because of an attack on another person that resulted in death. If they win their case against you and are awarded damages, then they will take money out of your pocket until all of those expenses are paid off by you. It’s important to know that even if you are not at fault for the incident, you may still be liable for damages if someone sues you.
Dog bites can lead to some serious lawsuits, so it is important that you are prepared and that you have a dog bite lawyer from Wandres Law, P.C. on your side.
December 31, 2022
Medical Treatment Hearsay Exceptions
Wrongful Death Lawyers
A hearsay exception that would allow a party to use an out-of-court statement for the truth of the matter asserted is medical treatment. The statement has potential of admittance regardless of whether the declarant is available as a witness. Rule 803(4) governs the medical treatment exception for an out-of-court statement to use for the truth of the matter asserted.
The rule reads as follows: “The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness: statement that is made for- and is reasonably pertinent to- medical diagnosis or treatment; and describes medical history, past or present symptoms or sensations, or their inception or general cause.” The first portion of the real requires that the statement is either made for or is reasonably pertinent to a medical diagnosis or treatment. A statement made for medical diagnosis is relatively easier to spot, as it is based on a subjective standard. The reasonable pertinence of a statement for medical diagnosis is an objective standard. Read together, if a declarant subjectively makes statements for the purpose of getting a medical diagnosis or if they are objectively pertinent to a medical case, it would qualify under the exception.
The description of medical history, past or present symptoms or sensations, or the inception or general cause of the medical diagnosis requires knowledge about how the condition arose. Under the Federal Rules of Evidence, the knowledge standard equates to actual knowledge. Additionally, the rule excludes statements that blame a particular person or organization for the cause.
One important concept of the hearsay exception is that the statement does not need to be made by a medical professional. Any person can make the statement as long as the declarant made them for medical purposes. With that being said, almost any statement made by a patient that appears in a medical record is admissible. This would mean that psychological conditions are admissible as well. Lastly, the rule imposes no time limit.
Thanks to the experienced wrongful death lawyers of Eglet Adams, for their insight on medical treatment hearsay exceptions.
November 26, 2022
What You Need to Know About Dividing Assets
When couples decide to part ways, they must go through the difficult process of dividing their assets. It can be a complicated and confusing process, especially if you are unfamiliar with the laws surrounding asset division. Learn what you need to know to make the process as smooth and stress-free as possible.
What Is an Asset?
Generally speaking, an asset is anything that has value or the potential to generate income. Examples of assets include real estate, personal property, vehicles, investments, retirement accounts, bank accounts, insurance policies, and even pets. Assets can also include businesses, debts, patents, intellectual property, and stock options.
Who Gets What Asset?
Equitable division means that the division of assets should be fair, though it does not necessarily mean an even split. Factors that courts consider when determining equitable division include:
- the length of the marriage
- the age and health of each spouse
- the financial condition of each party
- each party’s ability to support themselves
- each party’s contributions to the acquisition of the asset
- the custodial parent’s need for custody of the child
Generally speaking, divorcing couples have two options for dividing their assets: either through direct negotiations or through court intervention. Negotiating directly with each other is often preferred because it allows the couple to come to an agreement that works best for them and their family. However, if they cannot come to an agreement on their own, they can go through the court process.
How Are Assets Valued?
Generally, assets are valued at their fair market value, meaning the price that an asset would fetch if it were sold on the open market. When determining the fair market value of an asset, courts will consider factors such as the asset’s age, condition, location, and even comparable sales. When valuing real estate, for instance, appraisers may use the comparative sales approach. This involves finding properties with similar characteristics, such as location and size, that have recently sold in order to estimate the fair market value of a certain property. When it comes to financial assets, such as stocks and bonds, courts will generally rely on the most recent trading price on the day of the valuation. Similarly, personal items like furniture and jewelry will be valued at what an individual might expect to receive if they sold it on the open market.
How Are Debts Divided?
The court must first determine which debts are marital debts and which are separate debts. Marital debts are those that were incurred during the course of the marriage while separate debts are those that were acquired before or after the marriage. If a spouse incurred a debt solely in his or her own name, then the court will most likely consider it to be his or her own separate debt. Once the court has established what debts are marital and which are separate, it must decide how they should be divided. Generally, each party is responsible for his or her own separate debt and both parties must be equally responsible for the marital debt. The court will also consider any factors related to the couple’s financial situation and the fact that some debts may have been acquired for joint purposes.
How Can I Protect My Assets in a Divorce?
Protecting your assets very much depends on what you have — this could include transferring certain assets, such as real estate or stocks, into a trust or other entity that will not be subject to division in the divorce proceedings. Additionally, creating a prenuptial agreement before getting married can help protect your assets if a divorce occurs in the future.
However, the best way to protect your assets is to contact a Colorado divorce lawyer at Zweig Law, PC for help!
November 21, 2022
Common Estate Planning Mistakes
No matter what your age or net worth, it’s important to have a proper estate plan in place. Then, you know that your final wishes will be carried out and your loved ones will be protected. However, you don’t want to unknowingly make an error that could hurt your plan.
Here are some common estate planning mistakes to avoid.
Thinking You’re Too Young to Have an Estate Plan
Some younger people don’t think it’s necessary to establish an estate plan yet. However, even if you’re young and don’t have children of your own yet, you may still want to create an estate plan. You may still have some assets that you want to pass on to certain people. You may also want to name a power of attorney who can make healthcare decision on your behalf if you become incapacitated.
Forgetting to Name a Guardian
If you have minor children, you’ll definitely want to appoint a guardian. After all, you want to make sure that they are taken care of if you should die suddenly. The guardian you choose should be financially stable, responsible and shares similar values on raising children. It’s a good idea to appoint one or two alternate guardians in case your first choice can’t fulfill the role anymore.
Not Meeting with an Experienced Estate Lawyer
There’s plenty of DIY software for estate plans. However, that doesn’t mean you should handle your estate plan all on your own. These plans can be quite complex, so you at least should talk to a skilled estate lawyer. A lawyer can educate you on the specific laws in your state, provide you with tax planning strategies and make sure that your plan is strong enough to stand up to possible legal challenges.
Forgetting to Update Your Estate Plan
An estate plan is rarely a one and done deal. Most people have to update their estate plans several times throughout their lives. Generally, whenever you experience a major life change, you should take another look at your estate plan. For instance, if you get divorced or have a child, you should get in touch with your estate lawyer.
Not Talking About Your Estate Plan with Your Family
It’s wise to discuss the details of your estate plan with your family members. Tell them about the decisions you’ve made and how you came to those decisions. If you talk about your estate plan ahead of time, you can clear up any confusion and avoid hurt feelings in the future.
Failing to Take Special Needs Into Account
If you want to leave property to a family member with special needs, you should let your estate lawyer know. Your family member may receive government benefits that may get taken away after he or she receives property. Your lawyer can help you structure the gift in a way that allows your family to still qualify for government benefits.
Schedule a meeting with an estate lawyer — as suggested from our friends at W.B. Moore Law.
November 16, 2022
Can A Criminal Lawyer Help Me With My Drug Charges?
Criminal lawyers are an interesting sort in that they try to find a path where often there may appear to be none. But, the practice of criminal law is not built upon the premise of “if you’re caught then you’re guilty,” though sometimes it may certainly feel that way. However, if your rights have been violated prior to being found in possession of illegal drugs, then your lawyer may be able to suppress the stop or search and have your charges dismissed. Take a look at these issues so you can see just how a criminal defense lawyer can help you with drug charges.
A lot of criminal law focuses on the area of the vehicle stop. For example, a person is driving down the road and for some reason their vehicle is stopped. It could be window tint, bad tags, failing to stop at a red light, speeding, etc. When the officer comes to the car, the interaction typically involves a request for license and registration and then they head back to their vehicle. However, that isn’t always the case. Sometimes the interaction takes a turn where the officer says they smell an odor of marijuana or perhaps they see an open container in the car. But they may find neither of those things and merely ask if they can search the car. It could be a stop for speeding and then the officer, without any reason, wants to search and the person says no. Even if you have something illegal in your car, please do not give consent to search your vehicle. It will only hurt your case.
CRIMINAL DEFENSE LAWYERS
Say the officer says they’re going to search anyways without a little thing called “probable cause.” Well, without consent your lawyer can challenge the search because the officer did not have probable cause to do so. If your lawyer’s suppression motion is successful then the drugs they found in the car will be thrown out because anything that came after the point your lawyer suppressed is nullified. Drug cases are complex; there are a lot of opportunities with them and this is why it’s vital to speak with criminal lawyers prior to taking a plea or doing anything with your case. It is recommended that you consult with reputable criminal lawyers from a law firm such as Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC as soon as possible. You want a law firm that was created to help people when their rights have been violated.
October 15, 2022
Reckless Driving Results In Multiple Crashes
In late July, a Florida man faced multiple charges, including aggravated child abuse, grand theft auto, and driving with a permanently revoked license. He was responsible for causing multiple car accidents. As a result, several people were sent to the hospital with injuries related to the accident. The accident left a path of destruction, leaving debris all over the roads that remained the next day. It was later found that the man’s reckless driving resulted from a domestic dispute while operating a motor vehicle. Although several people were hospitalized, all are expected to recover.
Accidents that have resulted from reckless driving are often difficult for victims to prevent. As a car accident lawyer from Tuttle Law, P.A. will share that numerous actions can constitute as reckless driving, for example:
- Road Rage
- Unlawful Passing
- Driving While Under the Influence
- Driving at High Speeds
Because Florida is a no-fault state, victims of motor vehicle accidents must ensure they have personal injury protection (PIP); however, despite this, victims must still prove negligence to ensure they receive the compensation and benefits they deserve.
What Is A No-Fault State?
A no-fault state allows drivers and passengers to receive support for medical expenses and lost income regardless of who was at fault for the accident. Because of this, all drivers in no-fault states must procure what is known as personal injury protection (PIP). Personal injury protection is a form of insurance that drivers and their passengers turn to after an accident, regardless of fault. However, it’s important to note that there are policy limits for personal injury protection. Drivers and passengers are only eligible to receive up to $10,000 each should they experience an accident. There is a relatively short time frame for PIP claims, as they must be filed within 14 days of the accident. Once the injured party has exhausted their PIP coverage, they may pursue the process of filing a claim with the other party’s insurance company to cover damages like medical expenses, lost wages, and in some cases, pain and suffering. Navigating the legal complexities surrounding personal injury protection and exceeding policy limits can be challenging, especially when in the process of recovering from an injury. Because of this, it may be helpful to consult with a lawyer for guidance.
Overcoming Your Word Against Theirs
Sometimes, determining the party responsible for the accident may seem obvious. While parties may seem out of sorts at the accident scene and, in some cases, agreeable, things can quickly change following the aftermath. Victims of such accidents may soon learn that their case has become your word against theirs. This can be incredibly frustrating, especially when the responsible party is bending the truth. However, remember that these situations can be overcome with solid evidence that helps prove negligence. A lawyer plays a vital role in proving negligence in cases of this nature. Still, it’s essential to remember that before pursuing compensation from the responsible parties, victims must first recover damages from their personal injury protection (PIP) because Florida is a no-fault state. Because of this, victims can not pursue damages from the responsible party until they have exceeded the limits of their policy. Receiving total compensation for losses can become complicated, especially in no-fault states. A lawyer can play a significant role in holding the responsible party accountable.
October 1, 2022
Modifying Parenting Time
Parenting children with your former spouse can be a challenging experience, especially when the divorce was contentious. The way your spouse wants to parent may differ from your ideal choices, and this can cause legal problems as one or both parents decide to operate outside of the court-ordered plan. However, there are steps that a parent can take to avoid disobeying court orders and still protect his or her children. Your Colorado divorce lawyer can help.
Can I ask the court to modify my child custody order?
Modifications to orders granting parenting time are possible, however, in most cases, the parents have to wait two years after the original order is entered before seeking modification. Certain exceptions do apply. In order to modify the parenting plan before the two years, the court must find that the child would be endangered mentally, physically, and emotionally under the current plan. If a parent has become unstable or abusive since parenting time was ordered, it would be possible to seek and be granted a modification to the parenting plan before the two years have passed because this kind of behavior may endanger the child.
What if the two years have passed?
After the two years have passed, modification may generally be possible if the parent seeking modification can show changed circumstances. Changed circumstances can include the parent’s failure to follow the parenting plan that was previously approved or the parent’s change in work hours or location requiring the parent to relocate.
Does my child have a say in any parenting time modification request?
As with most decisions involving children, the court is supposed to consider the child’s best interests in deciding whether or not to order modification. Depending on the age of the child, the child’s wishes may also be considered. Modification without changed circumstances is possible in some cases, such as when both parents agree to the modification – often through negotiation, the child has been parented under the proposed changes for at least six months before the petition for modification, or the proposed changes are minor in nature.
What happens if I take action regarding parenting time without the court’s permission?
Unless your child is at immediate risk of physical injury, it is always better to seek modification before taking matters into your own hands and refusing to let the other parent have their court-ordered time. Continuous failure to abide by the court’s order can affect your case if you or your former spouse seeks modification down the road. You can also be charged with a criminal offense for interfering with the other parent’s parenting time. If you believe your child is being physically harmed, you can contact the police for immediate assistance, seek an order of protection on your child’s behalf, and move for immediate modification of parenting time.
Do I need a lawyer for a parenting time modification?
Family law issues – especially when it comes to parenting time and child custody – are often complex. Although the law does not require an attorney, if your ex-spouse objects to your proposed changes, your chances of a successful outcome are much higher if you have a Colorado divorce lawyer advocating for you. Call Zweig Law, PC Attorneys at Law for details.
September 28, 2022
3 Tips After A Car Collision
Each year, millions of people get into car accidents across the globe. And even though the creation of motor vehicles has resulted in immense progress for how we live our lives and get around, this means that serious collisions where people get hurt is possible. Whether you were part of a small fender bender or a more serious crash, you may be too shocked and shaken up to be thinking clearly, which is why it can help to educate yourself ahead of time. Here is what you can do at the scene and afterward to make your claim process easier.
#1 Assess if anyone is hurt.
Do not leave the scene of a car accident, even if it’s minor. Your first priority must be your health and safety. Gently check your body for possible injuries so when EMS arrives they can give you proper care on the spot. Check the others involved in the accident to see if they require medical attention as well. Common injuries for car accidents tend to include back and neck injury, wounds, whiplash, head injuries, burns, road rash, broken bones, and more. As your lawyer can review with you, like a car accident attorney residents trust from Glotzer & Leib, LLP, copies of medical documentation is going to be influential for how much you receive in compensation, so getting medical attention is strongly advised.
#2 Get yourself out of the way of danger.
If you were not critically injured and the accident was relatively minor, drive your vehicle off to the side of the road so that it doesn’t get in the way of traffic. If your car is left in the middle of a street or highway, more accidents could ensue. However, if the crash is more severe and there are people injured, leave the cars where they are, the traffic can wait. You may not think you are injured, but be careful when you exit your vehicle anyway. This is especially true if the collision occurred on a busy road, your injuries could cause you to not think logically or make misjudgments, potentially putting you in the way of harm.
#3 Call the police immediately.
It is important to get a report for the accident, but the police in certain areas may not respond to smaller collisions. If police do arrive, note the responding officer’s name, badge number, and form of contact. Be sure to provide them with your side of the story and only offer factual details. The few minutes following a car accident is not the time to place blame or make accusations, as that is something your insurance company and lawyer will help you with. You can ask for a copy of this police report in the days after at a local law enforcement officer, which can also be used as evidence to prove your story as to what happened.