I was hit by a car as a pedestrian, but I was not using a crosswalk, can I file a personal injury claim?

Pedestrian Accident Lawyer

Whenever a  motorist is driving on public roads, he or she owes a duty to other motorists to exercise caution and care. Failure to do so, is called a breach. If an injury occurred at the time of the breach, they could be liable. This type of duty is also owed to pedestrians, who are more likely to sustain serious injuries if they are to be hit by a moving vehicle.

I was hit by a car as a pedestrian, but I was not using a crosswalk, can I file a personal injury claim?

When a pedestrian has been hit by a car, one of the first questions that may arise is whether or not they were using the crosswalk when struck. If not, this could affect the pedestrian’s right to recover compensation.

Crossing on a Crosswalk

If the pedestrian was crossing the street, using a crosswalk, and was struck by a vehicle, the driver of that car will almost certainly be liable. This is because, in nearly all states, the driver must slow down, stop, or yield to a pedestrian on a crosswalk. This is regardless of whether or not there are traffic control boxes.

When the crosswalk is at an intersection, and the traffic light is controlling the road, a car must still stop for pedestrians, even if the light is green or yellow.

That being said, many states have rules explicitly stating that a pedestrian should not suddenly or abruptly leave the curb and walk or run into the path of a moving vehicle that would, in no way, be able to yield or stop (even if there is a crosswalk).

In general, the conduct of the pedestrian will be considered in pedestrian accident cases. If a defense lawyer can show that the pedestrian was also acting recklessly, they could negate the liability of the driver.

If you were injured as a pedestrian on a crosswalk, you should ensure that your legal rights are protected by having a pedestrian accident lawyer on your side.

When a Pedestrian was NOT Using a Crosswalk

If a pedestrian was struck by a vehicle while they were crossing the road, and they were not on the crosswalk, liability issues may arise depending on the state. In general, when a pedestrian crosses the road anywhere outside of the crosswalk, they are required to yield the right of way to the vehicles.

In this case, the law reverses and protects the driver of the car. Therefore, when a pedestrian was struck and injured by a car outside of a crosswalk, the driver may not be liable.

That being said, it is possible for a pedestrian accident lawyer to investigate whether or not the driver of the car exercised caution to avoid striking the pedestrian. For example, did the driver sound the horn or flash their lights? Even if the pedestrian wasn’t using a crosswalk, it is possible for the driver to be found partially, or completely, at fault depending on what they were doing prior to the accident.

Legal Representation is Crucial

When it comes to pedestrian accidents and crosswalks, or lack of, there are many considerations and factors. Thus, having legal representation is very important.

If you were injured as a pedestrian, regardless of whether or not you were using a crosswalk, a pedestrian accident lawyer Salt Lake City, UT trusts can listen to what you have to say and let you know what legal options you have.

 


 

Thank you to our friends and contributors at Rasmussen & Miner for their insight into pedestrian accidents and claims.

Help with Your SSDI Denial

Identity Theft Lawyer

If you have recently received a denial for your Social Security Disability Benefits claim, you may have concern over the long appeals process. The reality is, that a denial isn’t all that uncommon. The slightest mistake can cause the Social Security Administration to deny someone’s request for SSDI. Unfortunately, when SSA denies a request, the process for approval can be prolonged.

A lawyer may be able to help you obtain the outcome you are looking for. In fact, the probability of a successful outcome during the appeals process may be much improved with an attorney’s representation.

Common Denial Reasons

There are a number of reasons to be denied SSDI. A lawyer can review the reasons for the denial and determine the best way to pursue your case. Unfortunately for many, the road to obtaining SSDI benefits can be a long and arduous one. Common reasons SSDI may be denied include:

  • Your claim form was either filled out incorrectly or was incomplete
  • Not enough medical documentation or evidence outlining your disability and how it has impacted your ability to work.
  • Previous denials don’t always bode well when attempting to obtain SSDI. Some believe that by filing a new claim altogether instead of enduring the appeals process with their original one is more effective. This is far from the truth. With a prior denial on your record, SSA will most likely deny your new claim.
  • If you have a problem with substance abuse that is making your disability worse, the SSA will most likely deny your claim.
  • Not following treatment recommendations for your care.

SSDI benefits can help alleviate some of the financial hardship faced by claimants. If you have received a denial, speaking with an attorney may be the best way of obtaining the outcome you are looking for.

Finding the Right Attorney

Many claimants may be reluctant to hire an attorney because of the cost associated with their services. Although an attorney’s services come at a price, for SSDI cases, many work on a contingency basis. As a result, attorneys are careful in choosing their cases. Correctly managing your SSDI claim first begins with choosing the right attorney for you:

  1. Choose an attorney who has experience representing SSDI cases.
  2. Take the time to properly research attorneys in your area.
  3. Review attorney websites and ask prospective attorneys for referrals.
  4. Ask people you know
  5. Take the time to interview prospective attorneys.

Be prepared for your consultation with an attorney by bringing as much documentation as possible. An attorney may review your case and help determine if you should pursue the appeals process.

If your social security disability request has been denied by the Social Security Administration (SSA), it doesn’t necessarily mean the end of the road. Chances are, you are feeling scared and overwhelmed with the road ahead. It can be nerve wracking to receive a denial letter from the SSA. An experienced disability lawyer Memphis, TN trusts may be able to help you.

 


 

Thank you to our friends and contributors at Darrell Castle and Associates, PLLC for their insight into social security benefits.

When Grieving Family Members Seek Justice for a Wrongful Death

 

Those who are in agony over the sudden and wrongful loss of their loved one, can rely on an experienced wrongful death lawyer Bangor, ME for legal assistance. We can empathize with just how much emotional turmoil you may be going through. Depending on who may have influenced your loved one’s death, you may be up against an individual or large corporation. Both parties can be immensely difficult to handle if you go about the process alone.

 

We understand that due to the profound grief, you may have very little energy to devote to a legal proceeding. But we can also imagine just how badly you want justice to be sought for your loved one’s life being taken too soon. We can help.

 

Here in the article below, we have provided information about the elements of wrongful death cases, how these incidents even happen, and why taking legal action with urgency can be so important to your case.

 

The Four Elements of Wrongful Death Cases

The surviving family of the deceased loved one may decide to file a lawsuit against the offender for their part in the death happening. There are four elements of wrongful death cases. With the assistance of an attorney, these elements must be proven through evidence by the surviving family, in order to have a chance at receiving restitution for the death. The four elements are listed as follows:

 

  1. The offender’s thoughtless or negligent behavior had resulted in the loved one’s passing
  2. The offender had a responsibility to the loved one, but had breached his or her duty in fulfilling this obligation
  3. The breach in duty led to the death of the loved one
  4. As a result of the loved one’s death, the surviving family members have suffered quantifiable losses

 

How Wrongful Death Happens

Wrongful death can arise in a variety of scenarios. The most common situations in which these awful incidents can occur are in the workplace, due to medical malpractice and vehicle accidents. A situation in which a doctor, employer or driver whose actions were a factor in another person’s death, may be grounds for a wrongful death lawsuit. Other ways that wrongful death may occur is through product defects, construction site accidents, vehicle mechanical failures, and more.

 

The Importance of Prompt Legal Action

The longer you take to seek legal action against the party who influenced your loved one’s death, the more time they may have to destroy evidence. For example, if your loved one passed away due to a doctor’s misdiagnosis, the hospital may attempt to hide or erase documents that could be used as proof against the doctor within a wrongful death lawsuit. An attorney can meet with you as soon as you are ready to seek justice. Please do not hesitate to call us, as your first consultation is completely free.


Thank you to our friends and contributors at David Bate Law for their knowledge about wrongful death cases.

Tips for Testifying at Your Divorce Trial

Divorce Lawyer

The majority of divorce cases are settled out of court. However, there’s still a chance your case may have to go to trial. The idea of testifying in court may seem scary at first, but it isn’t so bad if you’re properly prepared. The divorce lawyers at [law firm name] provide some tips for testifying at your divorce trial:

Listen to the Question Carefully

It is important to listen carefully to every questions you’re asked during trial. Make sure you understand the meaning of the question before you give your answer. If you don’t understand the question, don’t be afraid to ask for clarification.

Don’t Volunteer Information

When you are being asked questions at the trial, you should keep your answers as short as possible. If you ramble on and on, you may end up saying something that could hurt your case. For example, if you are asked if you’ve ever had an affair during your marriage and you have, it’s only necessary to say “yes.” If you tell the court how long the affair lasted or why you were unfaithful, it could do more harm than good.

Be Truthful

Even if it’s embarrassing or may hurt your case, you should always be truthful when answering questions at your divorce trial. If you get caught lying, it could damage you case even more.

Remain Calm

No matter what sorts of questions you are asked at your divorce trial, it is important to stay calm. If you raise your voice or show any hostility, the judge may frown on that. If your spouse’s lawyer asks an inappropriate or irrelevant question, allow your lawyer to object. If you answer with sarcastic remarks, it could end up hurting you in the end.

Don’t Make Up Answers

During your divorce trial, you may be asked questions that you do not remember the answers to. Don’t attempt to make up answers. Just tell the court that you simply don’t remember.

If you follow these tips, you can get through your divorce trial a lot smoother. Your divorce lawyer may likely help you prepare for the trial by asking you the same questions you will be asked on the stand. He or she may coach you on what to say and what to avoid saying. The more you prepare for your trial, the better off you will be.

We know how intimidating it can be to testify during a divorce trial. You have all these people watching you and are afraid of saying the wrong things. That’s how a divorce lawyer Austin, TX trusts can help to make the process as smooth as possible for you. They may take the time to properly prepare you for the trial and answer all of your questions. If you are getting divorced from your spouse, we encourage you to consult with an attorney as soon as possible.

 


 

Thank you to our friends and contributors at the Law Offices of Ryan S. Dougay for their insight into family law and divorce.

What to Know About Child Custody During Divorce

Going through the process of divorce while fighting for custody of your child, can be difficult for the majority of parents to bear. When parents split up, discussions about their children’s care is often an emotional topic. It is estimated that about 20 million children in the United States live a single parent home. Child custody includes where the children shall live post divorce, and who has the legal right to make important decisions regarding upbringing.

There are many levels to child custody, that we have gone into further detail about in the article to follow.

Physical Custody

A parent with physical custody has the right to live with their children after divorce. However, it is an option for each parent to share this right through joint physical custody. It is also possible that only one parent is awarded this right, which is referred to as sole physical custody. The benefits to shared physical custody are that each parent can be an essential part of their children’s life. Common questions parents ask themselves about joint physical custody include:

  • What days or weeks will be spent with each parent?
  • How far apart will each parent live from the other?
  • Do either of us plan on moving farther away in the next few years?
  • Can each of us handle being in regular contact with the other?

Legal Custody

A parent with legal custody has the right to make choices regarding their child’s education, medical care, religion and overall upbringing. Just as with physical custody, legal custody can be shared jointly or awarded solely to one parent. It is more common for both parents to receive joint legal custody post divorce. However, there are some circumstances where sole legal custody is awarded. A judge may assign sole legal custody to one parent if any of the following occurred during the marriage:

  • Abuse
  • Neglect
  • Mental illness
  • Substance abuse
  • Abandonment
  • Incarceration
  • Relocation

Third-Party Custody

There are rare situations in which a non-parent may attempt to obtain custody of the children. This scenario can be referred to as non-parental custody, guardianship, or third party custody. Someone who wishes to seek custody can start by filing a petition to the court, paying any fees, and perhaps even submitting a letter from the parents consenting to this decision. The court may then respond by doing a background check, interviewing, performing home inspections, and then reaching an ultimate verdict.  

When Family Court is Needed

If the parents going through divorce are not able to settle disputes on their own or through mediation, the final decision may then be made by the family court system. At this point you may need to find top family law lawyer Plano offers. Factors that may be taken into consideration when making decisions about child custody include:

  • Best interest of the child
  • Each parent’s living situation
  • Each parent’s willingness to be cooperative with the other
  • The ability of each parent to provide for children after divorce
  • Children’s preferences
  • If there were cases of neglect or abuse during marriage
  • Financial stability of each parent

 


 

Thank you to our friends and contributors at Scroggins Law Group for their knowledge about child custody and divorce.

5 Things To Know When Pursuing a Domestic Violence Civil Suit

Although domestic violence cases vary from person to person, there are some common things to keep in mind while pursuing such a case. Here are five points to guide you in the process.

  1. Consult your lawyer before moving forward

A domestic violence experience can be harrowing and the first thing you should do is get to safety immediately. When someone is threatening you with acts of violence, leaving the premises is your first concern.

If you are considering filing a suit but are not certain if you are ready to do so, consulting a lawyer can help you think clearly and decide what you want to do in the meantime. A lawyer can also help you decide if you want to file civil charges, criminal charges, or both and can clear up what rights you have as a victim of domestic violence.

  1. You may be able to file criminal charges

If you have experienced severe abuse like injuries from physical altercations or sexual assault, you may be entitled to file for criminal charges. A lawyer can help you determine if your situation is applicable and they can help you organize the details necessary for a criminal case.

  1. Include all the details

Sometimes the individual filing a case for domestic abuse reports only the results of the violence and not information about prior conditions or experiences. That may not be enough to provide a substantial case. Your report should include all the facts from the beginning to the end relevant to the case in order to ensure it is handled properly.

Any interactions you have with your spouse should be included as well to give the court a clear picture of any behavioral issues or other factors. Even if it isn’t an indication of the physical side of the abuse, it is important for the court to have a full idea of the interactions leading up to the physical manifestation.

  1. Domestic Violence Act includes feelings of imminent violence

The Domestic Violence Act has been amended several times since its first incarnation, and it now defines domestic violence as including physical strikes as well as the threats that force a person into a state where they are constantly fearful of physical violence. Be sure to include moments like this in your reports in order to fully cover your experience.

  1. You can personalize the solution

Each case is different and will not always be resolved in the same way. By hiring an attorney to discuss your case and specific need, you are preparing to take on a major case as well as prepared to seek the appropriate damages. If you have any concerns or are ready to begin the process for justice, contact a family lawyer Frisco, Texas trusts today.

 


 

Thank you to our friends and contributors at Scroggins Law Group for their insight into domestic violence and family law.

4 Common Mistakes When Making a Car Accident Claim

The hours and even minutes following a car accident can be not only discombobulating, they can be downright overwhelming. Chances are the possibility that you will have a car accident claim, is not likely to be at the forefront of your mind. It’s not uncommon for people facing a crisis situation to take steps that could be harmful to their claim. By avoiding these common mistakes, you can prevent complications from arising later on. If you have been injured in a car accident and believe you are entitled to damages, take advantage of the free consultation offered by many car accident attorneys.

  1. Call the police to the scene of the accident. This is a vital next step for a number of reasons. For starters, you will want to make sure that their is a record of the accident that outlines the event. The officer will likely talk to witnesses, assess the damage, and speak with each driver. Based on the information that is gathered, they are likely to determine who was at fault for the accident. The police report can make for a valuable piece of evidence when pursuing a claim with the insurance company.
  2. Not getting the other driver’s insurance information. This step can seem cumbersome, especially in minor accidents where you are just wanting to get on with your day. In some situations, people even decline to exchange information because they do not believe that the accident resulted in any damage. In the moments following an accident, your adrenaline will be pumping and stress levels are sure to be at an all time high. You never know if you will discover damage to your vehicle or delayed onset of pain from an injury you didn’t know you had.
  3. Failing to seek medical attention. This is perhaps one of the biggest mistakes you can make. Some people may believe that their pain will eventually go away or not present itself until later down the road. The longer you take to seek medical attention, the harder your case may be to prove. By being assessed by a doctor, you can prove that you were harmed from the accident. You will be able to obtain medical records that outline your injuries, diagnosis and treatment.
  4. Not contacting an attorney sooner. The earlier you consult with an attorney, the better chance you give yourself to start out on the right foot. They can review your case and help ensure that you are taking the appropriate steps to build a strong case. They can play a key role in negotiating with the insurance company surrounding your claim. This is vital, because insurance companies will attempt to assign some fault to you if they are able. You may not be fully prepared when speaking with them for the fact that they may attempt to try to get you to incriminate yourself for the accident.

When missteps are taken following a car accident, it could have an impact on the outcome of your case. The last thing you want to experience are complications due to problems in your case that you perpetuated. The earlier you consult with an experienced car accident lawyer Las Vegas, NV residents trust, the clearer and more simplified the process can be.

 


 

Thank you to our friends and contributors at Nadia Von Magdenko & Associates for their insight into car accidents claims.

Vehicle Crashes in the Workplace

Vehicle accidents are one of the most common types of workplace accidents and can result in serious injuries. The collisions can involve several types of vehicles, including passenger cars, delivery trucks and farm equipment. If you were hurt while driving a vehicle for work purposes, you may be entitled to compensation. It may be wise to talk to a qualified workers’ compensation lawyer about your case.

What Workers Are At Risk of Vehicle Accidents?

Professions that involve transporting goods or people by vehicle present an accident risk. Taxi drivers, police officers, truck drivers, laborers, sales people and construction workers are just some workers who have a higher risk of getting into a vehicle crash at work.

What Types of Injuries Can Result from Vehicle Accidents?

There are a wide range of injuries that can result from workplace vehicle accidents and some of them can be life-threatening. Here is a closer look:

 

  • Traumatic Brain Injuries: Workers who hit their head on the windshield or somewhere else during a vehicle accident risk developing traumatic brain injuries. These injuries can be very serious and require surgery, physical therapy and other extensive treatments.
  • Spinal Cord Injuries: Vehicle accidents can also sudden blows to the spine, which can severely damage the vertebrae. Symptoms of a spinal cord injury include loss of ability to move body parts, difficulty breathing, intense pain and loss of feeling. Severe spinal cord injuries can result in permanent disability.
  • Broken Bones: Broken bones are another common injury that results from workplace vehicle accidents. While rarely life threatening, broken bones can cause severe pain and may even require surgery.
  • Lacerations: If objects inside the vehicle, such as coffee cups or phones, hit workers during an accident, they can suffer lacerations. Lacerations might not seem as serious as the other injuries, but they can get infected and lead to permanent scarring if not treated promptly.

 

What Are Causes of Workplace Vehicle Accidents?

Workplace accidents are caused by a number of factors, including:

 

  • Lack of Sleep: If a worker has not been getting a lot of sleep and gets behind the wheel at work, he or she may not be able to focus on the road and get into an accident.
  • Distractions: Workers who are not completely focused on the road because they are look at their smartphones or distracted in some other way risk getting into an accident.
  • Alcohol and Drugs: Unfortunately, some workers choose to use alcohol or drugs before getting behind the wheel at work and endangers their lives and other people’s lives.
  • Speeding: Workers who drive above the speed limit won’t have as good of reactions times and can get into collisions with other vehicles.

 

If you were recently hurt in a vehicle accident at work, you should consult with an experienced workers compensation lawyer West Palm Beach trusts as soon as possible. He or she can determine if you have a viable claim and help move your case in the right direction.

 


 

Thank you to our friends and contributors at The Law Offices of Franks, Koenig & Neuwelt for their insight into work injury and vehicle crashes.

What You Need to Know About Theft Crimes

Theft crimes, at first thought, may seem like relatively minor infractions. If you have been arrested or charged with a theft crime, you may be tempted not to take it very seriously. However, theft crimes can carry large penalties including significant jail time. It is important to carefully plan your defense for all potential criminal charges, including those regarding stolen property. The best way to do this is by hiring a competent, experienced, and professional criminal defense attorney in your local area. An attorney will know the law of your state and can help you understand the crime alleged against you and will help you prepare your defense. In the meantime, here are a few important things for you to know about theft crimes:

  1. Theft of someone else’s property can be called many different things. Depending on the state you are in and the facts of the case, crimes regarding the theft of property may be called several different things, including:
    • Embezzlement. Embezzlement is the stealing of someone else’s money when you are trusted with its management by the owner. Usually, this involves stealing money from your workplace.
    • Grand theft. Grand theft is stealing of something with a value over certain statutorily set amount, typically around $1,000. You may have also heard the term grand theft auto, which involves the stealing of a vehicle. Grand theft carries higher penalties than other types of theft which involve stealing property of lesser value.
    • Larceny. Larcey is simply stealing someone else’s property. Depending on the amount stolen, this may be called grand theft. In some jurisdictions grand theft and larceny are the same crime.
    • Robbery: Robbery is stealing someone else’s property by force. Armed robbery is taking someone else’s property using a weapon, a crime which typically carries a higher potential penalty because of its dangerous nature.


    Theft crimes do not only involve stealing of physical property or money. You can also be
    charged with a theft crime for stealing someone’s electronic information such as credit card data, valuable documents or information, or their identity.

  2. Theft crimes can carry harsh penalties. Theft crimes can be felonies. If you are convicted of a felony you almost certainly face at least a year of jail time and can lose other important rights, such as access to housing and the right to vote. Whether a theft crime is a felony depends on many things. Most importantly, it depends on the law of the jurisdiction in which you are being charged. Jurisdictions consider may things when determining whether a felony was a theft including the value of the stolen property, and whether the property was taken by force.

As you can see, theft crimes come in many different forms and can be very serious. Remember that the best thing you can do to protect yourself is to talk to the competent and experienced criminal defense lawyers Rockville, MD trusts who specializes in criminal defense. “Stealing” may not sounds that serious, but being convicted of a theft crime can result in everything from fines to significant jail time.

 


 

Thank you to our friends and contributors at The Law Office of Daniel J. Wright for their insight into criminal defense and theft.

How to Find a Great Juvenile Attorney

Criminal Defense LawyerTrying to hire a criminal attorney is a difficult task, but trying to find a knowledgeable, professional, and understanding juvenile attorney can be even more difficult.  Here is a guide to help that difficult process and I have included tips and things to look for and ask a perspective attorney when looking for representation on a juvenile case.

Getting Started

When beginning a search for a Juvenile attorney, make sure that you understand not all criminal attorneys handle juvenile cases. The Statutes are different, the court proceedings are different, and the outcomes to the cases can vary greatly from those charged with adult offenses. A lot of times, the juvenile detention center is not located at the main court complex.

Finding an Attorney

Make sure that when you begin your search, it is crucial to find someone who has practiced in the area of Juvenile Law. Do not just take an attorney’s word, DO YOUR HOMEWORK. Make sure they know the Juvenile judges, the prosecutors, etc. This can be done by reviewing their website and seeing if they practice juvenile law. You can even call the local bar association and ask about juvenile attorneys. Maybe they were a former juvenile prosecutor or public defender. These would be the most ideal, as they would know the law through and through. Make sure that the attorney can tell you about the juvenile process. They should be able to smoothly and completely tell you about how the criminal process works in relation to juvenile cases and how it is different from the adult process.

Selecting an Attorney

Now you have come to the point where you want to call an attorney and set up a consultation to discuss the minor’s case. The most important thing to do when actually hiring an attorney is to make sure they have the experience to handle a juvenile case. Again, the first step is to look at their website. One major resource to use is the reviews of the attorney. Before clicking on the website there will be a link to past clients who have used the same attorney and left a review. These reviews will be a window into how the attorney interacts with his clients and how the clients feel about their results. Read the Reviews! These are all ways to make sure you are selecting the best representative for your loved one.

Remember, anyone can say that they handle juvenile cases, but not everyone actually does.

Thanks to our friends and contributors from McCollum Hodgkinson, P.C., for their insight into criminal law.