4 Ways Trucking Accidents Differ From Car Wrecks

Personal Injury Lawyer

When car accidents occur and you suffer injuries and other types of loss, suing the individual responsible is usually the most effective means of receiving compensation. However, if your accident involved a commercial truck, such as an 18-wheeler, filing a claim may be more difficult. There are many federal rules and regulations that govern large transport companies and when a company’s vehicle or driver causes an accident, you may face several obstacles as you try to collect compensation.

1. Drivers Are Governed By Federal Rules

Unlike individual motorists who own their vehicles, most big rig drivers are under employment by large transport companies that are overseen by the Federal Motor Carrier Safety Administration. This organization is responsible for load weights, how many hours drivers can spend behind the wheel and what type of cargo they can haul. If your vehicle is struck by one of these large trucks, federal laws may impede your court case because of their complexity and effect on the trucking industry.

2. Settlement Offers May Be Swift

Once a trucking accident occurs, the company that employs the driver may be fast to reach out and offer you a settlement. While this can seem beneficial, the amount offered might be much lower than what you can actually collect if you take the case to court. If the trucking company contacts you with a settlement offer, it is wise to speak to an attorney before accepting any compensation.

3. Injuries Are Likely to Be Grievous

Minor car accidents are not likely to cause serious injuries and, in most cases, the damage to your vehicle is likely to be worse than any physical harm to you as a result of a wreck. However, when an 18-wheeler collides with a car, the result can be devastating due to the sheer weight of the vehicle and its load. Broken bones, internal injuries and brain damage are all common in victims of wrecks like these.

4. Drivers May Be Shielded By Their Employers

Big rig drivers have a great deal of responsibility when it comes to sharing the road with smaller vehicles. However, bad weather, fatigue and distractions inside the cab can all cause accidents and when they occur, the company that employs drivers may try to steer blame away to avoid having to pay for property damage and injury. When this happens, you may have to consider filing a lawsuit to gain proper compensation.

Trucking accidents can cause severe injuries and proving negligence on the part of the truck driver might be difficult because of how transport companies are regulated. Talk to a truck accident attorney in Canoga Park, CA today to find out more about how to protect your rights after becoming involved in such an incident.

Thanks to Barry P. Goldberg for their insight into personal injury cases and how car and truck accidents are different.

What Are My Rights If I’m Injured On A Public Tennis Or Basketball Court?

Personal Injury Lawyer

If you were injured in an accident that you did not cause, contact a personal injury lawyer. A claim that is filed by a personal injury lawyer with the negligent party’s insurance company may result in a significant settlement. Serious injuries demand specialized and costly medical treatment. It is unfair to expect the victim to have to pay for their own treatment. However, it can be difficult to determine who should be liable for damages when the circumstances make it unclear. This can be especially true when a person is injured on a public tennis or basketball court. When in doubt, contact an experienced personal injury lawyer. 

How is liability assessed for injuries sustained on a public tennis or basketball court?

Sometimes an accident results in an injury, and it is simply deemed an accident, with no liability attached to anyone other than the person who was hurt. When a personal injury lawyer reviews a case, he or she determines if an act of negligence on the part of anyone other than the victim played a direct role in causing the injury. For an injury claim or personal injury lawsuit to result in compensation for the victim, their lawyer must prove that another party’s negligence caused the victim’s damages. It’s important to consult a personal injury lawyer at the onset if you wish to avoid unnecessary effort and costs if your case is not strong enough to hold up in court. After a consultation with a personal injury lawyer, you should have a clearer picture of your legal options.

Here is an overview of instances in which someone who sustains an injury while visiting a public tennis or basketball court might have grounds for filing a claim against another party for compensation:

  • Unsafe or hazardous court conditions. If a municipality does not maintain the surfaces of the publicly accessible courts, and is aware of the hazardous nature of the courts, they might be held liable for injuries. Slip and fall accidents are particularly common and can result in a broken hip, broken limbs, and head injuries.
  • Poor lighting. If the court is open to the public during hours when daylight is low or non-existent, sufficient lighting must be in place. If the municipality fails to maintain the lighting system, it can cause unsafe conditions. Players might be vulnerable to colliding with solid surfaces, slip and fall accidents, and may be at greater risk for physical harm and robberies by those who can take advantage of the darkness.
  • Assault by another individual. If another user of the court, or another individual within the community assaults someone, the victim can seek compensation for their damages through the civil court system with the legal assistance of a personal injury lawyer. This is true even if the assailant is charged with a criminal offense within the criminal justice system.

To discuss your case with a seasoned Memphis personal injury lawyer at no charge to you, contact a law firm today.
Thanks to Wiseman Bray, PLLC for their insight into personal injury claims and injuries at a public tennis or basketball court.

Moving on After Infidelity and Divorce

Divorce Lawyer

One of the most common reasons for divorce is infidelity. When one spouse has an affair with another person, the other spouse feels betrayed, confused and angry. The scorned spouse may wonder what they did to deserve this and how they can possibly move on with their life.

If your infidelity was the cause of your divorce, you may feel distraught and unsure of what the future holds. While getting over infidelity and divorce isn’t easy, it can be done. Here are some helpful tips to follow.

Realize That You Didn’t Do Anything Wrong

People who get cheated on often think that they did something to prompt the infidelity. Don’t do this to yourself. No one is saying that you’re perfect and never made mistakes, but you didn’t deserve to be cheated on. Recognize that the infidelity was due to your ex’s shortcomings and that you didn’t do anything wrong.

Get Tested

If your ex engaged in sexual relationships with other people while the two of you were still married, there is potential exposure to disease. That’s why you should go to your doctor to get tested for STD’s as soon as possible. The idea of getting tested may be uncomfortable at first, but it’s necessary.

Remain Civil Towards Your Ex

If your ex cheated on you, the last thing you probably want to do is be polite towards them. However, screaming and calling your ex names won’t do you any good. Most states are no fault in terms of divorce, so it likely won’t matter if your partner had an affair. Plus, getting angry with your ex will just make you feel more stressed out. If you have children together, lashing out at your ex will also make them feel uncomfortable. Try to remain as civil as possible towards your ex to make things flow smoother.

Be Thankful for Everything You Have

When you’re dealing with infidelity and divorce, it can seem like everything in your life is going wrong. However, you still probably have many good things in your life, whether it’s loving and supporting family members or a rewarding career. Whenever you’re feeling down about your situation, stop and think about all the good in your life.

Talk to a Therapist

If you’re having trouble getting past the infidelity in your marriage, it may be beneficial to speak to a mental health therapist. You can get your emotions all out in the open in a comfortable and private setting. Your therapist can help you understand your emotions better and teach you how to cope with them in healthy ways.

Even though you’ve been through a lot these past several months, your life will come together again soon. If you follow these tips, keep a positive mindset, and find a good family lawyer in Bloomington, IL, you can get on with the rest of your life and be happy.

Thanks to Pioletti & Pioletti for their insight into family law and moving on after divorce.

How Parental Alienation Affects Divorce

Divorce Lawyer New York, NY

Even if spouses have agreed that they will have a “friendly” divorce, there is often some issues that comes up that ends up driving a wedge between the two parties. In other divorces, the already present anger and contention that are a result of the marital problems the couple has just deepens. These negative feelings too often carry into whether or not the couple can co-parent together and, as a result, the children end up being put in the middle.

Unfortunately, parental alienation is a common problem in divorces. If you believe your divorce case involves parental alienation, you should understand the law and how it can impact your divorce. Contact a divorce attorney to learn more. In the meantime, let’s take a closer look at what parental alienation syndrome is and how it may affect child custody.

Parental Alienation Syndrome Defined

The psychological manipulation of a child is called parental alienation syndrome. When it occurs, children typically feel fearful, disrespected, or hostile toward their parent or another family member. When a parent engages in parental alienation, they are usually doing so in order to turn their child against the other parent.

An example of extreme parental alienation is if you send a birthday gift to your child and your ex keeps it from them so that they can tell your child that you completely forgot about their birthday. Making inappropriate remarks about your divorce to your child or even permitting them to speak about their other parent negatively may be parental alienation. The most common signs of parental alienation include:

  • Blaming the other parent for the divorce
  • Asking the child about the other parent’s personal life
  • Scheduling too many activities with the child so that they never get to spend time with their other parent
  • Checking emails or phone calls between the child and the other parent
  • Rescuing the child from the other parent when it is unnecessary because there is no danger involved
  • Asking a child if they are angry at the other parent

Often, the use of a child counselor or child psychologist is necessary when parental alienation occurs. They can help the child and parent restore their previous bonds and form a healthy relationship.

Custody Law and Parental Alienation

Many mental health professionals have recognized parental alienation. However, states have been skeptical of making custody changes based on this condition. Under most child custody laws, the best interests of a child are considered when determining child custody. The best interests of a child involve a parent’s willingness to promote a close and ongoing relationship between the child and their other parent. Therefore, family courts will evaluate each parent’s words and actions and determine whether they have said or done anything to hurt the child’s relationship with their other parent.

Contact Experienced Divorce Lawyers

If you are concerned about how parental alienation will affect your divorce, we encourage you to reach out to a highly skilled divorce lawyer in New York, NY from Okun, Oddo & Babat, P.C. They will ensure your rights are protected.

When a Marriage No Longer Works

Divorce Lawyer

It can be an emotional chapter in a person’s life when their marriage seems to be at an end. It can also be scary as their life may be on the precipice of drastic changes, the details of which may be completely unknown. When a marriage is over, even if a reconciliation is later possible, it can affect nearly every aspect of an individual’s life. Because marriage is a legal institution, dissolving the marriage requires undergoing a legal process. Without the assistance of an experienced family law attorney, most people are not able to complete this process on their own. Alternately, the divorce may be granted but the other spouse who hired a family law attorney takes full advantage of the spouse who did not have legal counsel. Everyone’s situation is unique, however, a family law attorney during a free consultation to learn how we might be able to help you.

When a marriage no longer works, there are many things to consider. This includes whether or not it is best to proceed immediately to divorce proceedings or else choose another option. A family law attorney can further explain any of the following, and address your concerns.

Legal Separation or Divorce?

There are many advantages to pursuing a legal separation rather than getting a divorce. A legal separation is recognized by the courts as opposed to a married couple who simply lives apart. And yet, a legal separation may allow the non-earning spouse to qualify for health benefits on the other spouse’s healthcare plan. In addition, if the couple reconciles, a legal separation is usually faster and cheaper to dissolve than undergoing a divorce and then remarrying. Talk to a family law attorney about the pros and cons of each option.

Potential Matters of Concern

When a marriage seems to be at an end, there are several matters to consider. This includes:

·         Finding an experienced and skilled family law attorney may be necessary in order to protect your rights. Though you and your spouse may currently be on good terms, it is subject to change. This is more common than not, especially later in the process when contentious issues must be resolved, such as financial support.

·         If you choose to live apart, one or both of you must determine where you will live, the costs of the move as well as the new living arrangement costs. If there are children, depending on their ages, the Court may insist that they have their own bedroom or bedrooms, and this can complicate finding a suitable new home.  

·         When minor aged or adult special needs children are involved, child custody arrangements must be made, even for a legal separation. This is often a difficult matter to resolve without the assistance of a family law attorney. Not only can our family law attorney assist you with the process of coming to an agreement, we can prepare and submit the necessary legal documentation that the court requires.

·         Spousal support or financial support may need to be part of the legal separation or divorce agreement. However, this is not true in every case. A family law attorney Plano, TX trusts can review the details of your situation to determine if this will be relevant in your situation.

Thanks to Scroggins Law Group, PLLC for their insight into divorce and family law.

Child Custody Decisions between Unmarried Parents

Family Lawyer

Unmarried parents undergo most of the same challenges as married parents when dealing with the legal issues of child custody. While different states have different child custody laws, in most states one of the main considerations is just whether you are the father or the mother of the child. If you are battling for child custody, you should have a lawyer on your side. Dealing with child custody as unmarried parents is a complex and emotional issue. You deserve to have someone on your side who understands the complexities of child custody and who will help make the process as easy as possible.

Mother’s and Father’s Custody Rights

When a mother is unmarried, she is presumed to have the primary right to custody of any children she had while being unmarried. She would, therefore, legally have the right to care, custody, and control of the child and her legal rights are greater than the rights of the father or another person. The mother’s rights can be overturned if it is proven that she is unfit to be a mother or abandoned the child.

Unmarried fathers are able to have custody of their child. In many states, if the child’s birth certificate has the father’s name on it, he will have an equal amount of standing in court as the mother and will be legally recognized as the child’s father. If the birth certificate does not state his name, his rights as a father depend solely on if he is suitable to have custody. An unmarried father is not able to win primary custody of a child if the mother is a good parent, however, he may be able to have some custody or visitation rights.

Issues for Unmarried Parents who Live Together

There are a variety of common issues for unmarried parents of children who live together. Some of these issues include:

  • Choosing a name that both parents approve
  • Proving paternity status
  • Visitation and child custody if the parents break up
  • Ensuring the child qualifies for government benefits and insurance

While the above mentioned issues are common concerns for unmarried parents, the court will decide any custody disputes by using the best interests of the child as the primary consideration. The court will consider the following when deciding on custody:

  • Which parent is the primary caregiver
  • Moral character of the parents
  • Financial status of each parent
  • The child’s preference, if they are old enough

Child custody is a complicated issue for married parents, however, it is extremely difficult for unmarried parents. Having an experienced child custody attorney in Collin County, TX on your side can help defend your rights throughout a custody battle.

Thanks to Scroggins Law Group, PLLC for their insight into family law and child custody for unmarried parents.

Things to Do After Your Divorce

Family Lawyer in New York, NY

Getting divorced can be one of the scariest and stressful parts of a person’s life. After it’s finally over, you just want to have a sigh of relief. However, you still might feel a wide range of emotions after everything is said and done and unsure of how to go on. Life might be a bit difficult at first, but it’s very possible to heal and be happy again. Here are some things you should do after your divorce is finalized with the help of a family lawyer in New York, NY.

Take the Time to Grieve

Even though no one died, you may feel intense grief after your divorce. Your marriage fell apart and your life is very different now. It’s important to let yourself grieve before you can move on. Take some time to reflect on your life and don’t be afraid to cry. Once you’ve grieved, you can let go of all the anger and sadness and move on with your life.

See a Mental Health Therapist

It’s a good idea to talk to a mental health therapist after your divorce. Even if you think you have everything together, you may experience emotions that might surprise you. For example, the first time you spend Christmas or another major holiday without your spouse, you may start to feel depressed. A therapist can help you work through that. He or she can also help you come to terms with any lingering anger or resentment you’re feeling. An experienced mental health therapist can help you get on with your life and teach you healthy coping mechanisms.

Learn How to Depend on Yourself

With your spouse no longer in the picture, you will have many more responsibilities. You won’t be able to rely on your spouse to do certain chores around the house or run errands. While you can hire someone to do certain tasks for you, it’s probably not financially smart. Money will likely be pretty tight after a divorce, so you should teach yourself how to do more tasks. This will help save you money and improve your self-confidence.

Figure Out What You Want Out of Your Life

Even though your will be very different now, it doesn’t mean you can’t create the life you’ve always dreamed about. Take some time to think about who you want to be and what you want out of life and create a plan to accomplish those goals. Whether you want to go back to school or start your own business, nothing is impossible.

Develop New Friendships

It’s common to lose a lot of friends after getting divorced. They may have sided with your ex or are uncomfortable being around you now that you’re single. However, you can always meet new friends. Join a health club, go to MeetUp groups or consider volunteering at a charity or church. You can start talking to new people at these places and create new friendships.

If you follow these tips, you can live a fulfilling life after your divorce.

ContactOkun, Oddo & Babat, P.C. for their insight into family law and things to do after your divorce.

What Expert Witnesses Can Do For Your Personal Injury Case

Personal Injury Lawyer

If you are planning to file a personal injury lawsuit, it can help to have expert witnesses come forward with a statement. These witnesses can support your side of the story, while refuting the defense. When a person gets hurt and the accident was at least partially another’s fault, then the victim can file a lawsuit to seek financial compensation. During this time, it is recommended that the victim of a personal injury incident obtains legal representation for advice and counsel.

Q: Can expert witnesses help prove fault?

A: Yes, expert witnesses are people who work in a field of expertise which makes his or her statements about the topic even more reliable than the average person. This professional can be hugely influential in establishing fault, in addition to providing facts about the victim’s injuries. Here are just a few examples of expert witnesses that can be useful in your personal injury case:

  • Medical Practitioner: the doctor who treated your injuries after the accident may be asked to come forward to testify. Often, a medical practitioner is called upon to report about the type and severity of injuries, what the treatment plan entails, and if rehabilitation is needed. This information can help push the defense to offer a more fair amount in compensation, so the victim can get the care he or she needs.
  • Economist: this witness can help establish the value of a case, as they can testify about expected future medical care costs for the injuries, how much may be lost in wages, and other forms of economic hardships that can result because of the injury accident.
  • Accident Reconstruction Expert: these specialists can recreate and offer deeper investigations about the personal injury accident, to help prove liability.

Q: What can I do to work with these expert witnesses?

A: You and your personal injury lawyer in Miami, FL can talk with expert witnesses and decide whether they can be of support to your case or not. One of the most commonly utilized expert witnesses when it comes to personal injury lawsuits are medical doctors. For the best possible chance of a successful outcome, it can help to obtain medical records from your doctor’s office, get recommended diagnostics done, and abide by doctor’s orders during treatment. You will want to show that you have done nothing to get in the way of your own recovery.

Q: What types of personal injury cases can benefit from expert witnesses?

A: Not all personal injury cases require expert witnesses. However, in incidents of car accidents, product liability, and slip and falls, expert witnesses tend to be commonly used. By calling upon such a witness, the victim can greatly benefit. For instance, the victim can get their claim investigated in further depth by the expert witnesses, while adding stronger credibility to injury claims. Expert witnesses can answer questions that the average person may not know, so it prevents wrongful assumptions being made while increasing a favorable outcome for the victim.

Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and expert witnesses.

Criminal Justice Lawyer

Criminal Defense Attorney

Pros and Cons of Representing Yourself in Criminal Court

Finding yourself entangled in legal proceedings is one of the most unpleasant things you can experience, especially if the charges are criminal. The criminal justice system allows you to have access to legal professionals who can advise you on your rights and who can guide you through every step of the process. You don’t have to hire an attorney, however. If you prefer, you can represent yourself in your case. Some people choose this method. When you understand the benefits and drawbacks of this decision, you can feel good about which way to go.

Why Represent Yourself: Save Money

In a criminal case, you probably worry most about salvaging your reputation and staying out of jail or prison. It’s not a secret, though, that hiring and working with a lawyer costs money—sometimes a lot of it. You could pay hundreds or even thousands of dollars every hour to enlist the services of an experienced, accomplished criminal defense attorney. When you forgo a lawyer and act as your own counsel, you don’t have to spend a dime on legal professionals.

Why Represent Yourself: More Freedom to Say What You Want

A lawyer understands much more about the law and about your case than you possibly could. This may entice may attorneys to proceed with caution and refrain from saying certain things in court. When you represent yourself, you won’t worry about holding anything back. You can speak your mind much more freely and explain details about your case that a professional would likely keep away from the proceedings.

Why Hire a Lawyer: Experience and Expertise

No matter how much you research and how hard you try, there’s no way you can duplicate a trained attorney and his or her understanding of the law and knowledge of how to effectively proceed with your case. Attorneys have represented people like you in similar cases. They know what’s admissible in court and what to file and when to file it. Lawyers won’t be taken advantage of by prosecutors as you would be.

Why Hire a Lawyer: Can Work on Plea Deals

When the judge or jury hands down a decision from your case, your lawyer may work with the prospector to negotiate a plea bargain and reduce your sentence. This can spare you from serving as long of a jail sentence or serving at all. As your own counsel, you don’t have this option.

It’s easy to see how choosing a criminal defense attorney in Fairfax, VA and working with this professional on your case is a good move. You’ll feel at ease with an experienced professional in your corner.

What is a Cross-Examination?

In a court case, examination refers to questioning a witness. There are two types of “examination”: direct and cross-examination. Cross-examination is generally the questioning that is done by a lawyer who didn’t initially call the witness to the stand. However, it can also include questioning done by the lawyer who called the witness when the witness is “hostile” or generally aligned with the other side.

For example, in a criminal case, the defense almost always examines police officers by cross examination. In auto or personal injury cases, the defense lawyer almost always examines the plaintiff by cross examination. This is because even if they aren’t called by the government, police officers are aligned with the government (because they’re employed by the government). Similarly, no one can be more aligned with the plaintiff than the plaintiff, so the defense is allowed to question him by cross examination.

The significance of cross examination is that it permits the lawyer to use leading questions. All 50 states and the federal courts have a rule permitting cross examination to use leading questions. In practice, this means that the lawyer makes a statement that he wants the witness to agree or disagree with.

Examples of leading questions:

• Your name is Frank, isn’t that true?

• The defendant’s car was purple, isn’t that true?

• You’ve been married for 42 years, isn’t that true?

By contrast, the same issues could be covered in a non-leading manner by asking:

• What is your name?

• What color is the defendant’s car?

• How long have you been married?

As you might imagine, leading questions are very valuable when dealing with difficult or hostile witnesses. When a witness has an agenda or wants to tell a particular story, asking open-ended questions invites runaway responses. Leading questions narrow the issues and tend to keep the examination on track and productive.

A skilled criminal lawyer Grand Rapids, MI trusts knows that cross-examination is often a far more effective way to tell his client’s story than direct examination for a couple reasons. First, on cross examination, the lawyer can control the flow of the story, the order of the facts, and even which facts come out. Secondly, on cross-examination, the story is being told by the other side. When the other side is telling your story, it has instant credibility because jurors (rightly) assume the other side wouldn’t say something helpful about you unless it was true.

Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense and cross-examination.