5 Things You Do To Cyclists You Had No Idea Are Illegal

You may be surprised to learn that the first ever traffic accident took place in 1896, on the streets of New York, when a car crashed into a bicycle. Back then, bicycles were fewer in number, and only a handful of people owned cars, so there was a small probability of the two being in an accident. Nowadays, however, there are more than 250 million registered vehicles in the United States. 16 million bicycles are bought every year. As a personal injury lawyer Delray Beach FL can explain, about 700 Americans die and 45,000 are injured annually in accidents involving bicycles and vehicles.

There are several things that most vehicle drivers do not know they do to bicyclists that are illegal and can result in fatal accidents. Here are some common things you must know to ensure that you do not end up doing anything illegal and hitting a cyclist.

  1. Using a Bike Lane to Park your Car

A bike lane is created for a purpose, which is definitely not for the parking of cars, not even for a few minutes. When you do so, it leaves cyclists no choice but to swerve into the road. Sometimes cyclists maneuver unpredictably into traffic lanes because the bike lane has been blocked by a parked car. Due to this, accidents take place as vehicle drivers are not expecting a bicycle to suddenly appear in their lane.

  1. Driving your Car Too Closely

Cyclists are required to ride on the right side, and it is mandatory for drivers to maintain a certain distance to avoid collision. There is a law, known as the Three Feet For Safety Act, which requires vehicle drivers to keep a distance of 3 feet from the cyclists, no matter where they are riding. This rule applies when a rider exits a bike lane.

  1. Cutting Into the Path of a Cyclist when Turning Right

Making a right turn without checking whether there are any pedestrians or cyclists passing by is not only unsafe, but it is also in violation of several rules of the road. Typically, a rider going straight has the right of way when you are turning right and it is your duty to stop and give them way. When you speed up to make a turn and cut into the path of a cyclist, you are cutting them off, in addition to breaking the Three Feet For Safety rule.

  1. Exhibiting Violent or Hostile Behavior

It is against the law to be violent with another person or threaten them with physical harm. If you are engaged in such behavior, you may be charged with assault, and have to pay penalties and fines. Under any circumstance, you are not allowed to threaten or cause bodily harm to a cyclist. Some cyclists nowadays have a camera attached to their helmet or other gear to record their commute, which they can also use to document the hostile behavior and have you arrested.

  1. Telling a Cyclist to Ride on the Sidewalk

Cyclists are not allowed to ride on sidewalks, as they cause danger to pedestrians. However, some drivers demand that cyclists to get off the road and ride on a sidewalk. This is an illegal practice in almost every state, and you should avoid doing this. Sidewalks are for pedestrians, not for bicycles. Cyclists have every right to ride on the road. Remember the saying – “share the road.”

Keep these five things in mind when driving to avoid accidents with bicyclists, and to avoid the possibility of being sued for an accident.

Law Office of Eric H. Luckman, P.AThanks to our friends and contributors from the Law Office of Eric H. Luckman, P.A. for their insight into auto accident claims.

Legal Options for Collecting Child Support Payments

 A divorce becomes even more stressful when there are children involved. You have to think about child support issues and how long it will take you to receive payments. The more complicated the child custody battle, the longer it may take to collect payments.

 

How Do Child Support Payments Help the Child?

Taking care of a child can be very expensive nowadays. They require food, clothing, school supplies, medical care and other necessities. That’s why child support payments are so helpful. They can take some of the burden off the custodial parent. In addition to paying for necessities, child support payments can help pay for extra costs, like extracurricular activities. For example, your child may take dance lessons after school or play her school’s soccer team.

 

Unfortunately, not all parents pay child support payments like they are supposed to. They may make late payments or not provide child support at all. If you aren’t receiving child support payments from your ex-spouse, there are a few things you can do. An experienced Bloomington family lawyer can help you collect the payments you need for your child.

 

Enforcing a Court-Ordered Child Support Obligation

 

If you aren’t receiving child support payments, don’t get discouraged. There are several agencies that can help you collect the child support payments you need to take care of your child. These agencies may use a few different methods to obtain these payments, like:

  • Wage Garnishment. If your ex-spouse is employed, wage garnishment is an effective way to collect past due child support. However, things can get tricky if your ex-spouse changes jobs frequently or is self-employed.
  • Tax refund. If you know that your ex-spouse will receive a big tax refund, you can arrange to have the refund sent to your home. A family lawyer can assess your situation and determine if it’s possible for you to collect your ex-spouse’s tax return.
  • Revocation of driving privileges. In some cases, a parent could have his or her driving privileges revoked for not making child support payments. If your ex-spouse can’t get to work and other important places, he or she may be motivated to catch up on payments.
  • Jail time. If your ex-spouse refuses to make child support payments no matter what you do, the court could order him or her to serve time in jail.

 

If you haven’t been receiving child support payments, contact one of our child custody lawyers Arizona locals have been trusting for years.


Thanks to our friends and contributors from Hildebrand Law for their insight into divorce and family law.

When Do I Need a Criminal Defense Lawyer?

Were you contacted by the police or a government agency? If so, you might be wondering if it’s necessary to hire a lawyer or not. The police or other government authorities don’t always want to people because they’re suspects. They may simply want to talk to them to learn more information about a particular case. So how do you know when it’s in your best interest to hire a lawyer like a criminal defense lawyer Phoenix AZ can count on? Keep the following tidbits of information in mind.

The Police or a Government Agency Wants to Question You

If the police or a government agency come to your home or place of work, they might just have some questions for you. However, even if you are not under arrest, you should answer questions with caution.The authorities have been known to lie to people and ask them illegal questions to get information. If something doesn’t feel right, you can tell them that you don’t want to answer questions without an attorney present. A criminal attorney can help protect your rights and prevent you from telling the authorities self-incriminating information.

Did the Police Charge You With a Crime?

The police normally must release you in 24 to 72 hours if they haven’t charged you with a crime. It still may be beneficial to consult with a criminal attorney, even if you haven’t been formally charged. He or she may be able to get your released before the 72 hours is up.

You Have a Court Appearance

If you have to go to court, be sure to hire legal representation. Representing yourself is never a good idea. You might not understand the law fully and won’t be able to remain objective. An experienced criminal lawyer can prepare you for your court date and help everything run more smoothly.

Hire a Criminal Lawyer Today

If you believe you need to hire a criminal lawyer, schedule a consultation with one today. The sooner you hire a lawyer, the sooner you can put all of this behind you. Many criminal lawyers offer free initial consultations, so you have nothing to lose by speaking to one. During your consultation, you can discuss details about your case and obtain valuable advice. Be completely honest with your lawyer and include every little detail. A good criminal lawyer won’t judge you and will try hard to help you get the best outcome possible.

Lorona Mead Thanks to our friends and contributors from Lorona Mead for their insight into criminal defense practice.

When an Elderly Parent Refuses to Write a Will

Most adults can benefit from having a will or some form of estate planning when it comes to ensuring their legacy. Without a will of some kind, it can be impossible for surviving family members and friends to know their final wishes. This can create a tremendous emotional burden for loved ones who are left behind. Unfortunately, when an elderly parent refuses to write a will, it can become a challenging roadblock.

There are several reasons why someone may not write a will. These are some of the most common explanations:

  • They have procrastinated about writing it.
  • They are not emotionally prepared to deal with writing a will.
  • They have succumbed unexpectedly to a life-threatening illness before having the opportunity to write a will.
  • They cannot afford to write a will.
  • They believe they do not have sufficient assets to justify writing a will.

Unfortunately, without a will it will be difficult if not impossible to know their final wishes, including the distribution of their assets which will then have to go through the probate process. However, convincing an aging parent to do so is not as easy as it sounds in every situation.

Begin Small

Sometimes taking small steps is best when dealing with elderly individuals, especially a parent.

  • Designating a power of attorney is an inexpensive step that can be accomplished quickly.
  • Combining a power of attorney assignment with a living will can be a good next step. Power of attorney can also be assigned separately for fiduciary responsibilities and medical directives. Very often the power of attorney is assigned to a close family member or friend who will be part of the potential inheritance group.

Make an Inventory of Assets and Liabilities

A durable power of attorney will allow the individual the legal right to represent the parent in any of their personal affairs, which also means the power of attorney holder can investigate all financial issues of the parent.

  • The issue of dying intestate is that assets are subject to tax and divided according to state law.
  • Establishing a will means that assets can be placed in irrevocable trusts that effectively transfer ownership of those assets to the inheritance pool. This means the assets are not considered property of the elder parent and therefore will not be taxed upon their death.
  • Allocation of physical property can also avoid probate and taxation if they are transferred prior to death as well.

Consult with an Estate Attorney

Working with an estate lawyer Sacramento trusts can be advantageous when explaining to an elderly parent what the outcome of dying without a will can be. In addition, an attorney can advise on how to move forward legally with drafting a will after a power of attorney is assigned. Allocation of assets following the death of an elderly family member can be a highly-contested legal issue when certain individuals believe they stand to inherit property but foul play was involved. An estate attorney can work with the elderly parent and an immediate family member to minimize the risk of a contested will.

Yee Law GroupThanks to our friends and contributors from Yee Law Group for their insight into estate planning and elder law.

Three Types of Drug Malpractice Claims

As personal injury attorneys who handle pharmaceutical malpractice cases, we realize that people trust scientists with our health to produce new drugs that will increase our quality of living. These people also trust their doctors to make sure that the right prescription and the right dosage are assigned. But sometimes there handwriting is poor and it can lead to a similar drug being prescribed. Sometimes clerical staff enter a dose incorrectly in the computer, leading to too much or too little of a drug being administered. A variety of other types of errors can occur with prescription medications that are used for on or off-label indications.

There are three common reasons for a pharmaceutical malpractice claim to be filed: : (1) Drug Recalls, (2) Product Failure and (3) Long-Term Side Effects of prescription drugs. Improperly prescribed medication and improperly filled prescriptions can also be crucial pieces of a successful pharmaceutical malpractice lawsuit.

  • A recent, fast-growing development in pharmaceutical malpractice has been prescription drug recalls. Reasons for prescription drug recalls include:
  • Increased pressure for both profits and medical relief causes many drugs to be rushed to market. In recent years the Food and Drug Administration (FDA) has simplified clinical trials to speed up the process of bringing new medications to the public
  • Long term side effects are difficult to determine, especially in a patient with multiple issues
  • Conflict of interest: the testing that is done on some prescription drugs, is done by the same pharmaceutical companies which are under a lot of pressure to get those drugs profitable.

There have been numerous prescription drug recalls for drugs that were supposedly safe but led to life altering and possibly fatal side effects in pharmaceutical malpractice lawsuits. Here are a few examples:

  • Fen-Phen: Fen-Phen had been approved for many years as an appetite suppressant in the management of obesity. Heart valve disease was a side effect because of the combination of drugs used in production. Other cardiac effects became linked and recall occurred.
  • Celebrex: Celebrex was an inhibitor approved for the treatment of rheumatoid arthritis and osteoarthritis. There are now concerns that Celebrex usage may increase the risk of heart attack or strokes in some people who take it.
  • Vioxx was a treatment for osteoarthritis, menstrual pain and management of acute pain in adults. There were concerns with Vioxx and Celebrex that their use might increase the risk of heart attack or stroke.

Sadly, in some pharmaceutical malpractice cases several similar wrongful deaths must occur to demonstrate a link between the death and the medication, before a drug recall is made. Improperly filled prescriptions can occur at several stages of ordering and filling a prescription. and there are typically two different kinds of this type of pharmaceutical malpractice case. In both types, the doctor or the pharmacist can be held liable for one of the following:

  • A prescription contradicts another prescription that the patient is already taking.
  • A pharmacist gives an incorrect medication or an incorrect dosage of the correct medication. It can take some investigation to determine at which point in the chain the error happened.

It can be challenging to navigate the healthcare maze when you are worried a loved one was hurt or died due to a medication error. Let a medical malpractice lawyer Naperville IL relies on provide guidance to make sure that those negligent are held responsible.

Thanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into medical malpractice claim.

Why Hiring an Attorney is a Smart Idea

Deciding to invest in commercial real estate can be daunting, especially when you are new to the process or start getting in the multi-million dollar ventures. Hiring an experienced broker will help you find investments that meet your criteria such as location, expected returns, and quality of the asset. They may also help you understand key factors in the real estate investment market like, triple-net properties, 1031 exchange, sale leaseback, etc.  Yet, it’s wise to take a few extra steps to protect your investment, and hiring a real estate attorney is right up at the top of the list.  Below we’ve outlined just a few of the most prominent reasons you should spend the extra money to hire an attorney specializing in real estate.

  • Structuring Your Business.  The right attorney will help you structure your business to protect your personal assets.  It’s better to get set up right from the beginning than have to defend yourself later on in a lawsuit.  An experienced attorney will know whether to be an individual owner, LLC or some other business entity for holding strategies and future tax advantages, let alone which business entity will have the right liability protection.
  • Title Issues in Real Estate Purchases.   An experienced attorney can review the title and alert you to any issues that may arise.  Defects and/or encumbrances may get hidden and a good attorney will conduct a thorough review and protect you from any issues that may inhibit your ability to use your investment as planned.
  • Encroachments and Surveys.  Typically, real estate transactions will be accompanied by a survey of the site.  The real estate attorney can check compliance against zoning and usage regulations, and ensure you are free of any encroachments from neighboring parties.  A good attorney will identify any issues and work with the seller to get them resolved ahead of the actual transaction.
  • Review Existing Leases.  This is important, especially in a single tenant net lease property where you have higher risk with just one tenant.  You’ll want the attorney to help you fully understand the allocation of costs to maintain the structure and roof as well as the burden of operating expenses, taxes, etc.  The attorney should also handle the estoppel agreement process which can be tricky and is extremely important as it outlines the process for rent payments and security deposits.

Let’s face it.  There is a lot of legalese that goes right over our heads.  You need an attorney that not only can make sense of all of it, but effortlessly guide you through the process and protect your investment at every turn.  What you should remember is that real estate law is a specialty.  Simply hiring your neighbor’s uncle who is a divorce attorney, may end up costing you money in the long run.  Take the time and spend the money to hire the right attorney.


CalkThanks to our friends and contributors from Calkain for their insight into real estate law and litigation.

Do’s And Don’ts For Pedestrians Who Are Injured In A Motor Vehicle Accident

Pedestrian accidents are on the rise in the United States today. According to the Center For Disease Control or CDC, most pedestrians are hit by vehicles in urban areas at night. While some pedestrian accidents are not serious, others leave accident victims with injuries that will affect them for the rest of their life. The following is an overview of personal injury law and how it relates to pedestrian accidents. If you have been injured by a driver while walking, it may be helpful to speak with an attorney to discuss your legal options.

Do

There are some important steps you can take to increase your chances of obtaining a settlement after a pedestrian accident. Below are some “Do’s” to keep in mind:

  • Do Get The Driver’s Contact Information

If you are physically able to after your accident, request the driver’s contact information. Drivers are legally obligated to stop after being involved in an accident, so this gives you a chance to obtain the name, phone number, driver’s license information, and insurance information. Your options may be limited if the driver did not stop and you are the victim of a hit and run accident.

  • Do Report the Accident

It is important to report the accident to the police after being hit by a vehicle. Report the accident to the police, no matter how minor your injuries may seem at the time. Many injuries will gradually worsen over time. For this reason, it is important to have a record of the accident so you can file a claim for your injuries.

Don’t

There are also things you should not do after being involved in a pedestrian accident. Some of the “Don’ts” include:

  • Don’t Admit Fault

Obtaining compensation in a pedestrian accident hinges on you being able to prove the driver of the vehicle was negligent and caused your injuries. Some cases are easy to prove who was at fault, while others may not be as clear cut. No matter the circumstances surrounding the accident, it is important to never admit fault to anyone at the scene. Doing so may result in your statements being used against you later on in court.

  • Don’t deny yourself Medical Treatment

You must seek medical treatment after being hit by a car. Even if you do not feel you are seriously hurt, it is important to seek treatment and keep copies of your medical records. Many people refuse medical treatment immediately following an accident only to find their pain suddenly increase a day or two later.

If you have been injured by a negligent driver while walking in a public place, contact a personal injury attorney for advice. After a brief consultation, an attorney will offer an opinion on whether or not you have a strong case and possibly how to move forward with it. Hiring an experienced car accident lawyer Phoenix AZ can count on to represent you may help you obtain a fair settlement for the injuries you sustained as a pedestrian from the at-fault driver.


ASThanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into car accident cases.

5 Things To Know About Uninsured Motorist Coverage

Drivers in virtually every state are required to have car insurance in order to operate a vehicle legally. Unfortunately, not all drivers abide by this law; others may not have sufficient coverage in the case of a severe accident. Over 14% of drivers today carry very little or no insurance for their vehicle; getting in an accident with an uninsured motorist could be very costly for accident victims that do not have uninsured or underinsured motorist coverage.

If you’re not familiar with this type of insurance coverage, here are a few things you should know about it:

  1. Uninsured motorist coverage can provide financial assistance for drivers who are involved in an accident caused by an uninsured driver.

This type of coverage is intended to cover your own costs if the other driver is liable for causing the accident but does not have car insurance. The specific options available for uninsured motorist coverage vary by state and insurance company.

  1. You purchase this coverage through your own insurance provider.

Many insurers include this type of coverage in their standard auto policy, and some are required by state laws to do so.

  1. There may be coverage limits on your uninsured motorist coverage policy.

As with most auto insurance policies, there may be a limit or cap on the amount of money your insurer will pay out for your uninsured motorist coverage after an accident. In most cases, you could choose between two types of uninsured motorist coverage:

  1. A combined single limit: The limit is the maximum amount of money you may receive per accident.
  2. A split limit: This is broken down into maximum dollar amounts for two components:
  3. The maximum dollar amount for each person’s accident-related costs
  4. The maximum dollar amount of money for everyone’s combined costs

As an example, if you have split limit coverage of $20,000/$45,000, the $20,000 would be the maximum paid out for injuries experienced by one person in the accident. The $45,000 is the maximum amount your insurance company would pay out for the total cost of injuries experienced by every person involved in the accident.

  1. Drivers in “No-Fault states” might not have to worry about uninsured motorist coverage.

Should you live in a no-fault state, the issue of who was at fault for an accident is not important because your insurance company would compensate you for your losses regardless of liability.

In a state with tort car insurance, drivers may not be protected in the same way and might need to purchase uninsured or underinsured coverage options. In a tort state, a person involved in an accident with an uninsured driver may be able to use their health insurance to cover their medical bills.

  1. You may call a lawyer for counsel if you have questions about liability or insurance coverage after an accident.

Though you may be insured and believe you have sufficient insurance to cover all contingencies, the costs related to a motor vehicle accident can quickly surpass the average insurance policy’s limits. An experienced car accident lawyer Phoenix AZ trusts may be able to seek additional compensation by pursuing the at-fault driver’s relevant personal assets.

A skilled attorney may be able to negotiate the highest possible settlement from the insurance company. He or she may also be able to expedite the payment process. If you have been injured in a motor vehicle collision through no fault of your own, a personal injury attorney may be able to help you get the compensation you deserve.


ASThanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into uninsured motorist coverage.

Car Accidents and Neck Injuries

Our bodies are subject to a ripple effect.  Just one injury can end up affecting our entire wellbeing.  A car accident is a traumatic event that can cause residual effects on your body for weeks, months, and even years.  It can take time to assess how you feel, and a proper recovery rests on that ability.  Although each person and situation is different, there are many common injuries after any sort of auto accident.  Although each car accident has their own unique conditions — such as the angle of the collision and the position of where each person is located during the crash — many patients experience similar symptoms.  In this series, we are re going to discuss four common injuries that, without treatment, can turn into chronic problems.

Car accidents are notorious for causing neck injuries.  But another common complaint is stiffness and pain in the middle of your back, or your thoracic spine.  As mentioned above, the ripple effect of a car accident can cause this pain to occur in many places you may not have expected.  The pain from an accident may begin at your neck, but if you are involuntarily making changes to your posture or other muscles are compensating, this pain can ripple down your spine and cause other issues.

In the middle of your back — the thoracic spine — the muscles might feel very tight.  Even something as simple as sitting in chair might feel difficult at times because of the stress on the rhomboid muscles.  The tightness there can shorten the muscles, which can cause you to feel like your shoulders are locked up.  You may find that rotating side to side can be hard to do.  Along with the mid-back, the lower back can also be aggravated after the incident (we’ll be discussing this in an upcoming article).

A simple fix to alleviate these symptoms can be a simple rowing exercise.  Miming the action of rowing will strengthen the rhomboid muscles, located around your scapula.  When these muscles are strong, it will allow you to carry your weight in the proper position and not just on the area of the thoracic spine.  This will also keep your shoulders feeling looser and less ‘locked up.’

Stretching and strengthening are the two components that can really alleviate your pain, and careful attention to these muscle groups will allow you to continually assess how your body is feeling after an accident.  This can help you avoid further pain in the long term.  Something that seems like a small issue, such as poor posture, can lead to rounded shoulders and contribute to kyphosis, or an abnormally curved spine.  If there is a lack of emphasis on strengthening your muscles now, this can contribute to greater arthritis pain in the future.

A car accident can inflict many systemic injuries, but with knowledge and consistent practice, you can stem the onset of pain.  Of course, the best way to ensure relief from chronic pain is by visiting a specialist that can cater to your exact needs.  Contact a neck pain doctor Rockville MD trusts today.


advanced spine and wellness centerThanks to our friends and contributors from Advanced Spine & Wellness Center for their insight into car accidents and neck injuries.

What Are the Different Types of Business Entities?

If you are considering starting a business, one of the most important decisions that you will have to make is the legal structure of your business, as a business lawyer Peoria IL trusts might explain. The type of business entity that you create will affect everything from the amount of taxes that you will pay to the amount of personal liability that you could face in the event of a lawsuit or bankruptcy. Although the process of establishing a business entity is controlled by state law, the following provides an overview of the most common business structures.

Sole Proprietorship:

A sole proprietorship is typically easy to establish and can apply to any type of organization ranging from a small home-based business to a large company with multiple employees.

  • The individual owner remains completely in charge of the business.
  • As a general rule, a sole proprietor is personally liable for the debts and financial obligations of the business.
  • The owner is also responsible for paying income taxes on any profits as well as self-employment taxes.

Partnership:

A partnership creates a legal relationship between two or more individuals who wish to establish a business.

  • Each partner contributes to the business financially or through their time, labor, or property in exchange for sharing in the company’s profits and losses.
  • The partnership itself is not taxed.
  • Each partner is responsible for paying income and self-employment taxes on their share of the partnership earnings.

Corporation:

A corporation is established under state law and is considered a separate legal entity that can be taxed and held legally responsible for its actions.

  • Corporations must meet more regulatory and reporting requirements than sole proprietorships and partnerships.
  • As a general rule, corporations are taxed on both the federal and state level.
  • Shareholders must pay personal taxes on any of the corporation’s dividends that they receive.

Subchapter S Corporation:

Like a standard corporation, a Subchapter S corporation is created under state law and is considered a separate legal entity from its officers and shareholders. The primary difference between S corporations and standard corporations is how they are taxed:

  • An S corporation is normally not taxed at the corporate level.
  • The individual shareholders pay taxes on their portion of the corporate earnings.

An S corporation essentially combines the personal liability protection of a corporation with the tax benefits of a partnership.

Limited Liability Company:

A limited liability company typically provides limited personal liability for the debts and financial obligations of the business while offering pass-through taxation and management flexibility similar to a partnership.

  • The majority of states allow individuals, corporations, and even foreign entities to be owners of a limited liability company
  • Insurance companies and banks are typically prohibited from establishing a limited liability company.

Which Type of Business Is Best?

No one type of business entity is better than another. Each business structure offers benefits and drawbacks. Before deciding on a particular business structure, it is important to consult legal and tax experts to determine which type of business is most appropriate and advantageous based on your specific circumstances.

Smith and Weer P.C.Thanks to our friends or contributors from Smith & Weer, P.C. for their insight into business entities.