Bankruptcies and Foreclosures?

Real Estate Lawyer

It is very common for people who are facing foreclosure on their homes to seek protection declaring bankruptcy may offer them. There is legal protection offered during bankruptcy called an automatic stay The stay starts as soon as the petition for bankruptcy is filed. It works as an automatic injunction, working to protect the debtor from creditor’s attempts to collect debts, file liens, or begin filing legal action against the debtor.

There are cases where the automatic stay won’t work for the debtor. Contact a bankruptcy attorney to clarify which type of bankruptcy you are interested in filing — Chapter 7 or Chapter 13, which will dictate how the automatic stay is applied to your particular case and if there are any exceptions.

Mortgage Expectations and Failure to Meet Those Expectations

When you sign a mortgage on a home, the terms of the contract you are agreeing to upon your signature state that if you fall behind in your mortgage payments, the lender has the right to foreclose on your home. This means that the bank/lender becomes the owner of the home which they will proceed to sell and apply the proceeds to the balance of your loan.

There are federal and state laws pertaining to the procedures that the lender has to follow to take ownership of your home. The formal name is foreclosure.

Before the bank can take your home, they have to allow time for the homeowner to catch up on back payments owed or perhaps apply for a modification in their mortgage. Once the legal amount of time has been given, the bank can move ahead with the foreclosure.

How Does Filing for Bankruptcy Affect Foreclosure Proceedings?

As soon as you file for bankruptcy, the foreclosure proceedings will stop, assuming the bank hasn’t already sold your home. State laws may differ so be sure to check with your bankruptcy attorney as to the specifics in your state.

When you file for Chapter 7 or Chapter 13 bankruptcy, it immediately starts the automatic stay. There is no need for you to do anything else for the stay to begin.

Are there Exceptions to the Automatic Stay Rule?

There are two reasons the automatic stay will not work for you during a bankruptcy.

  • If a bankruptcy case was dismissed within the past year you will only be able to use the automatic stay for 30 days once you file for bankruptcy.
  • If you have had more than two previous bankruptcy cases dismissed within a year you will not be eligible to use the automatic stay at all.

How Does the Automatic Stay Work With Foreclosure Proceedings?

The automatic stay gives you more time to work with a possible foreclosure. How the stay works will depend on what type of bankruptcy you are considering. Consult with an experienced bankruptcy attorney to help you determine whether Chapter 7 or Chapter 13 bankruptcy best fits your situation.

Your lender may file a motion requesting to terminate the automatic stay so that it can go ahead with the foreclosure. You have the right to file a response. If you wish to oppose the motion, a hearing will be held in the bankruptcy court and decide if the stay is terminated or not.

Foreclosure and bankruptcy are two complex legal proceedings that require a foreclosure defense lawyer Tampa, FL trusts with the knowledge and experience to guide you through the process, protect your rights, and explain the advantages and consequences of each decision.

 


 

Thank you to our friends and contributors at The Law Office of Michael A. Ziegler Law, P.L. for their insight into bankruptcy and foreclosures.

What Does Involuntary Manslaughter Mean?

Criminal Defense Lawyer

Manslaughter is separated into types: voluntary and involuntary. Voluntary manslaughter is an intentional killing, but not with malice, because it is as a result of adequate provocation and done in the sudden heat of passion. Still, with voluntary manslaughter, the individual must have an intent to kill or cause serious bodily harm. Involuntary manslaughter, however, is still killing without malice, but is unintentional. Involuntary manslaughter may occur while committing some unlawful act, but without intending to cause death or harm; or by negligently doing a lawful act or failing to perform a legal duty.

For an individual to be guilty of involuntary manslaughter, a prosecutor must prove, beyond a reasonable doubt, that the individual charged caused the death of the victim, that is, that the victim dies as a result of the individual’s act. Once that is proven, there are a few ways in which a person may be found guilty of involuntary manslaughter.

  1. Gross Negligence

If the theory is that the individual acted grossly negligent, the prosecutor must also prove that the individual (1) knew that the situation required the exercise of ordinary care and diligence to avert injury to another, (2) had the ability to avoid the resulting harm by ordinary care and diligence with the available means at the time, and (3) omitted using the care and diligence required to avert the threatened danger when to the ordinary mind it would be apparent that the result is likely disastrous to another.

  1. Intent to Injure

A person may also have intended to injure the victim, but not to kill, yet the act resulted in the victim’s death. For instance, in an assault and battery situation, the prosecutor must prove that there was a battery—a forceful or violent touching of the person or something closely connected with the person—and that the individual intended to injure the person.

It would not be a defense if the injury was not the only cause of death, or if the person killed was already weak or ill which contributed to his or her death. It also is not a defense if the immediate cause of death was medical treatment, unless the medical treatment was grossly erroneous or unskillful and the injury would not have otherwise caused the death.

  1. Firearm Intentionally Aimed

If the individual caused a person’s death with a firearm, the prosecutor must prove that the death resulted from the discharge of the firearm. The prosecutor must also prove that at the time the firearm went off, the individual was pointing it at the victim, and that the individual intended to point the firearm at the victim.

  1. Failure to Perform a Legal Duty

If the individual had a legal duty to the victim, the prosecutor must prove that. A legal duty is one imposed by law or contract. The prosecutor must prove that the individual knew of the facts that gave rise to the duty, and that the individual willfully neglected or refused to perform that duty and the failure to perform it was grossly negligent to human life. Finally, the prosecutor must prove that the death was directly caused by the individual’s failure to perform this duty.

For all the ways a person may be found guilty of involuntary manslaughter, it is not enough that an individual’s act made it possible for the death to occur. The death must have been the natural or necessary result of the individual’s act.

If you or a loved one has been charged with a type of manslaughter, it is in you best interest to contact experienced criminal defense lawyers in Grand Rapids, MI as soon as possible to discuss your options and legal strategy.

 


 

Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense cases and involuntary manslaughter.

When Do Courts Award Alimony?

Family Law Lawyer

Although not as common as it once was, there are still many spouses who request alimony when they are going through a divorce. One of the factors that a court may consider when determining alimony is how the marital estate is being divided in the divorce, including both assets and debts. If you feel you qualify for alimony, as well as want to ensure you receive your fair share of assets and property from your marriage, you should retain the services of an aggressive divorce lawyer Collin County, TX trusts.

What criteria do the courts look for in order to establish eligibility for alimony?

There are certain factors that a court will require before it will award alimony. Although each state has their own dissolution of marriage laws, the following are some of the requirements a court may have:

  •        The spouse who is requesting the alimony is unable to earn enough income because of a physical or mental disability
  •        The spouse who is requesting the alimony will have primary custody of the couple’s child who requires substantial care because he or she is special needs
  •        The marriage lasted for 10 years or more
  •        The other spouse has a history or was convicted of domestic violence

There may be other criteria that the state you live in requires in order to receive alimony. Your divorce attorney can go over your situation and make that determination.

If the court agrees that you do meet the required eligibility factors to receive alimony, the next step the court will take is determine the amount you will receive, how long you will receive support for, and what the manner of payments will be. Again, there are a variety of factors the judge will consider when making these determinations. These factors may include:

  •        The length of the marriage
  •        The age of each of the spouses
  •        The physical and mental health of each spouse
  •        The education and employment skills of each spouse
  •        The employment history and earning ability of each spouse
  •        The ability of each spouse to independently meet their own needs after the divorce
  •        How that ability would be affected for the paying spouse while paying alimony
  •        If the requesting spouse’s role as primary caretaker for the children and managing the home has hampered their ability to now enter the workforce
  •        What type of contribution did the requesting spouse make towards the paying spouse’s education, training, and earning ability during the marriage
  •        What, if any, separate property or assets either spouse brought to the marriage
  •        Did either spouse engage in any action in an effort to conceal assets, dispose of the assets fraudulently, or engage in asset dissipation
  •        Did either spouse commit adultery, cruel behavior, or any other marital misconduct
  •        Is there a history of domestic violence in the marriage

There are two types of alimony the court may award once the divorce is final. One is rehabilitative alimony, which is short-term but allows the receiving spouse to get adjusted financially and obtain training for a career. The other type of alimony is permanent and, like its name suggests, is usually long-term.

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and when alimony is awarded after divorce.

3 Defenses For a Drug Possession Arrest

Criminal Defense Lawyer

After an arrest for a drug possession charge, the accused may be confused and worried about what the future consequences may be. If convicted, the person may face harsh repercussions such as substantial jail time, expensive fines, a ruined reputation, and less employment opportunities. It is highly recommended that immediately after the arrest, the accused consults with a criminal defense attorney DC offers who has experience representing clients in similar predicaments.

Q: What types of drug possession defense strategies may be used?

A: After consulting with you, your attorney is likely to suggest utilizing a drug possession defense. The most commonly used defenses can include unwitting possession, lack of possession, and police abuse of power. These three strategies are explained in further detail below:

  1. Unwitting Possession = the person may have been in possession of the drugs, but he or she was not fully aware that such items were there. A good example of this is if someone sends a package and the mail person was caught in possession of the item, he or she cannot be held legally liable. Another common situation is if law enforcement searches a home and finds drugs that the person was not aware was even there, then the unwitting defense may be the most appropriate strategy.
  2. Lack of Possession = used when it is difficult for the prosecution to prove the accused had an intent or ability to control the illegal drugs. For instance, in a home that is rented by several people at once, it can be challenging to arrest just one person for drug possession. It is entirely possible that the accused is innocent, and it could have been someone else who owned the drugs.
  3. Police Abuse of Power (Entrapment) = law enforcement may use their power to plant drugs, perform an unlawful search and seizure, or use illegal surveillance tools. Entrapment is when officers put pressure on a person to commit a crime when they would have probably not done so otherwise.

Q: Is drug possession considered a misdemeanor or felony?

A: Depending on the circumstances of the arrest, including what type of drug was in possession and in what quantity, it may be categorized as a misdemeanor or felony. Even for simple possession, judges may be more harsh than they need to be in order for the individual to learn his or her lesson. The entire experience of being arrested, booked at a nearby police station, and having to attend court, can be enough for the person to make a positive change in his or her life. An attorney can help protect the accused from facing a harsher set of consequences than what fits the crime. The accused may face the following repercussions for a drug possession conviction:

  • Probation or house arrest
  • Heavy fine and penalties
  • Time served behind bars (in jail or federal prison)
  • Completion of a rehabilitation program
  • Serving community service
  • Mark on personal record that makes finding employment, being approved for a college loan, permission to own a gun, or join the military more difficult

 


 

Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and drug possession.

Funeral Procession Accidents Are More Common Than You May Think

Personal Injury Lawyer

Funeral processions carry the body or cremated remains of a deceased person to their place of burial, while allowing family and friends a final opportunity to honor and share in the paying of their respects. The remains of the dead have been transported by processions for thousands of years. During Egypt’s dynastic period, priests organized the funeral cortège by placing the mummy on a slab to be pulled by a team of oxen. These rituals were attended by family members, servants and professional mourners who were compensated for attracting the attention of the Gods charged with bringing the departed into the afterworld.

Recently, a family member asked if it was legal to pass a slow-moving funeral procession on a multi-lane highway. He enjoys driving and is generally a careful driver, obeying speed limits and extending courtesies to those with whom he shares the road. But from the standpoint of a car accident attorney, I was not surprised at the vague and incorrect responses from those privy to the conversation as they worked through the most logical of answers. As I listened to the varied opinions on the topic, it became apparent that unless you have recently read the driver’s manual published by the Department or Bureau of Motor Vehicles, you’ve probably forgotten your state’s text book guidelines about yielding to funeral processions. There are no clear-cut answers to the question above as every state has their own laws relating to funeral processions. While passing a funeral cortège may be allowed with restrictions in some states, it is clearly not legal in others.

Although the National Highway Traffic Safety Administration does not keep statistics on vehicle crashes and fatalities involving funeral processions, other organizations do; the AAA Motor Club and the National Law Enforcement Officers Memorial Fund have found that injuries and fatalities often involve the police officers assigned to detail funeral motorcades. Your local car accident attorney can also attest to the many accidents that occur during funeral processions.

For nearly eighty years, police departments nationwide have offered the services of their motorcycle officers to local funeral homes and their attendees. But after an alarming number of fatalities involving police motorcades, the nationwide trend has been to put an end to police escorts. Between 2001 and 2010, 80 officers died in funerary-related motorcycle accidents. The following year, three police officers and two motorcycle funeral escorts were killed while on funeral procession detail. Also, in a single event, one officer was killed and two seriously injured while working traffic control at the memorial of a fellow-officer. The loss of so many public servants have called into question the human toll and financial costs of elaborate funeral processions when public safety personnel die on the job.

In addition to the injuries suffered by motorcade officers, family members and attendees are also at risk. In 2012, it was reported by AAA that 2 people were killed and 23 were injured in funeral procession accidents nationwide. And in March of 2018, two separate accidents occurred during a single funeral procession in Indiana.

Less than a generation ago, most vehicles slowed to a crawl or pulled off the side of the road as a funeral procession approached. But as a sign of the times, respect for our traditions has gone by the wayside. Many drivers are poorly informed about the rules of the road pertaining to funeral processions while others see a slow-moving procession as an annoyance to be aggressively passed up, honked at or given a vulgar demonstration of their displeasure.

Before you volunteer to drive, I would urge you to research and follow your state’s laws governing funeral processions. You may also contact your car accident attorney for advice and a better understanding of the law. Once you understand your local laws, you may find the following information about driving in a funeral procession to be useful:

  1. The lead escort and final vehicle signal the beginning and end of the procession to other motorists by using flags, headlights and flashing lights.
  2. All participants will be given a flag and should drive with their headlights on.
  3. Expect to drive slowly; usually at or under the posted speed limit on city streets and 55 mph on freeways.
  4. In most states, the lead vehicle (police escort or limousine hearse) must observe traffic signals. But once the line is on the move, those following may be allowed to continue through a red light. While this is true in many states, others do not recognize funeral processions as having the right of way. Check your state’s laws before you drive.
  5. Do not leave space between vehicles that would enable a driver to cut into the procession. Many accidents occur when an outsider cuts off a processional driver.
  6. While other drivers in the procession may not know the etiquette, be watchful and always aware of the actions of the vehicles in front of your car or motorcycle.
  7. Do not leave the procession line unless you have an emergency situation. If you have left the line for some reason, do not attempt to return to the line.
  8. When you arrive at the final resting place, workers will usher your vehicle to the grave or mortuary and remove your vehicle’s identification flag.

If you have been involved in an accident involving a funeral procession, contact a car accident attorney Indianapolis, IN trusts as soon as possible.

 


 

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into car accidents involving funeral processions.

Treatments for Chipped Teeth from Car Accidents

Personal Injury Lawyer

Chipped teeth are one of the most common dental injuries that result from car accidents. While all teeth are at risk of chipping during these accidents, the lower molars and teeth with fillings are the most prone. Symptoms of a chipped tooth include a sore tooth, irritation of the gum around the chipped tooth and a jagged surface around the tooth. The good news is that there are a variety of treatments available for chipped teeth.

Chipped Teeth Treatments

The treatment your dentist chooses for your chipped tooth will depend on several factors, like its severity and location. Here are some of the available treatment options:

  • Bonding: Bonding involves cementing composite resin or porcelain material on the chipped tooth. Your dentist will apply ultraviolet lights to the tooth to help harden the material. Bonding can last up to 10 years, as long as you take proper care of your teeth. You’ll want to avoid chewing on ice and hard food that can damage the material.
  • Reattachment: If the tooth fragment that broke off is fairly small and you were able to retrieve it, your dentist might be able to reattach it to your tooth. It’s important to put the fragment in a glass of milk right away to keep it moist and see your dentist immediately.
  • Dental Crown: If a large part of the tooth chipped off, a dentist may choose to put a dental crown over it to improve its appearance and strength. Crowns can typically be placed on a tooth in one to two appointments and can last up to 15 years.
  • Dental Veneer: If the front tooth is chipped, putting a dental veneer over it may be the best option. Veneers are made out of tooth-colored porcelain or resin composite material and look just like natural teeth.

Taking Care of Chipped Tooth at Home

If you can’t see a dentist immediately for a chipped tooth, there are several things you can do at home to prevent further damage.

  • Put sugar-free gum over the chipped tooth to protect your gums and tongue.
  • Take an over-the-counter pain killer if you feel any discomfort.
  • Don’t chew with the chipped tooth, as it can cause more damage.
  • Place an ice pack of your cheek if the chipped tooth is sore.

Talking to a Personal Injury Lawyer

If you suffered a chipped tooth in a car accident that was another driver’s fault, you may be entitled to compensation. It’s important to consult with an experienced personal injury lawyer Alexandria, VA trusts soon to discuss all of your options. He or she can help you gather important evidence, identify key witnesses and negotiate with insurance companies. A skilled injury will know the approximate worth of your injury and will fight hard to help you receive fair compensation.

Most personal injury lawyers work on a contingency basis. This means that you will only owe your lawyer money if you win your case.

 


 

Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into car accidents claims and dental injuries.

Sentencing of First-Degree Murder

Criminal Defense Lawyer

Although the sentencing and punishment varies from state to state, first-degree murder usually draws the most severe sentencing. For example, in Florida, if you are convicted of first-degree murder, you will receive either life in prison without parole or the death penalty. Across the coast in California, though, the laws are not as strict. California offers what is called a “two tired sentencing structure”. The first tier is a range of years you will serve in prison, with the highest being life in prison. The second tier is life in prison without parole or the death penalty. When the case is being tried, the prosecutor might try to prove certain aggravating factors, as outlined below.

The factors below are used to determine exactly how severe of a sentence one might get for first-degree murder. These factors will include elements relating to the defendant, the victim(s), or the crime itself, which will cement the evidence for life in prison without parole or the death penalty.

Aggravating Factors

  • The victim was a member of law enforcement on duty
  • The victim was a member of the court of law, such as a judge, a prosecutor, a juror, or a witness who was murdered to stop them from performing their duties
  • The victim was poisoned
  • The defendant has other murder convictions
  • The murder involved torture or was particularly gruesome
  • The defendant waited to ambush the victim
  • The defendant was a part of a gang in the murder happened as a result of a gang-related activity
  • There were bombs or other explosive materials used in the murder

Unfortunately, the above list of aggravating factors is not fully comprehensive, but they do outline several items that a jury might look for when determining the sentencing of first-degree murder.

Because there are so many factors that go into a murder case, there are different possibilities in terms of sentencing. No one murder case is exactly like another, which is why a jury must take extreme care to look over all the facts and evidence provided. So, what are the potential sentences for first-degree murder?

  • Prison Sentence. If the defendant is convicted without any aggravating factors (like the ones outlined above), they can receive a range of different prison sentences, including life in prison and a host of any numbers of years to life (California, for example, has 25 years to life as an option). The exact sentencing will depend on which state you live in.
  • Life without possibility of parole. Some states do not enforce the death penalty, and if you are charged with first-degree murder along with aggravating factors, you will typically get life in prison without parole.
  • The death penalty. Many states still uphold the death penalty as a punishment for those who have been convicted of the highest level of first-degree murder. For example, in Texas, if you are convicted of capital murder, they will always charge the death penalty.

As seen above, there are many possibilities that can result from a first-degree murder charge, and while they vary from state to state, any charge you receive will be severe and life-changing. If you have any questions regarding first-degree murder, or if you have been charged with first-degree murder, you will need a criminal defense attorney San Francisco, CA trusts who can answer your questions and present a strong case on your behalf.

 


 

Thank you to our friends and contributors at The Morales Law Firm, P.C. for their insight into criminal defense and murder.

Different Ways Divorce Can Impact Children

Divorce Lawyer

Divorce is tough on everyone involved, including the children. In fact, a divorce can affect kids even more because they are too young to handle everything that goes into it. If you are currently going through a divorce, it is important to keep an extra watchful eye on your children and cater to their needs. Here are some of the various ways divorce can impact children:

Strained Relationships With Parents

When two parents are going through a divorce, the children will typically be sent to live with one parent and then have visitation with the other parent. Kids who are used to seeing both parents every day may struggle to adjust with this living arrangement. They will likely see one parent much less frequently than usual and may not have as close of a relationship with that parent as a result.

Depression

Children whose parents are divorcing may go through bouts of depression. They are sad that their parents are not together anymore and may blame themselves for what happened. All of this emotional distress they feel may cause them to isolate themselves from their friends and stay in their room most of the time.

Lower Academic Performance

Because children are going through such an emotional time with their parents’ divorce, they may struggle with their studies. They may have trouble concentrating in class and not understand what their teacher is saying to them. These children may not do their homework and do poorly on their tests, resulting in low grades.

Financial Issues

When parents switch from having two combined incomes to two homes with separate incomes, there may be some financial instability at least in the beginning. With parents on tighter budgets, children might not enjoy some of the luxuries they are used to. For example, they might not get the clothes or toys as frequently or be able to go out to dinner or the movies as often.

Substance Abuse

Teenagers whose parents are getting divorced may experience such emotional distress that they turn to drugs or alcohol. Drinking or doing drugs may help numb out their emotions and help them feel better for the time being. However, extended drug or alcohol use can negatively impact their lives and make the entire situation even worse.

The idea of your children going through any of this can be scary as a parent to think about. That is why you should always be there for them and assure them that they can talk to you about anything. If you suspect your children are going through any emotional distress from the difference, you should not hesitate to take them to see a therapist.

If you  have any questions regarding to child custody and divorce, schedule a consultation with an experienced family attorney Collin County, TX relies on. He or she will take the time to address all of your questions and concerns and advise you the best way to proceed.

 


 

Thank you to our friends and contributors at Scroggins Law Group for their knowledge about divorce and the impact it can have on children.

Attorney for All Ridesharing Collisions

Car Accident Lawyer

Technology advances has made a lot fo the things we do very easy. Ridesharing is perhaps an innovative tool that is one of the most popular and innovative ideas in app technology. The paps are user friendly, it makes getting to places easier and the payment method is reliable. As companies like Uber and Lyft grow the laws and regulations become muddy and in a very gray area. When it comes to collisions with an uber driver a lot of insurance companies aren’t providing the right compensations.  Victims of a collision should seek the help of an experience Uber accident attorney to ensure you are receiving what you deserve. Attorneys understand the maze of rules that involve collisions of this type. They can help to provide experienced counsel to meet your needs.

What you need to know

Ridesharing companies make a lot of money. Uber and Lyft are worth billions of dollars and this means that they have a lot more capital to buy liability. Uber drivers are usually covered by $1 million insurance coverage. If you compare that to a ordinary car who usually has around $15,000 in liability, it’s a big difference. This means that if you get in an accident with a ridesharing company, you could potentially obtain a complete and bigger compensation that fully cover all the costs of your accident. This is why it is important that you get the right representations, so you can get the full extent of all your compensation. An attorney can help you with several kinds of accidents, including the following:

  • A collision that resulted in a n injury where the ridesharing driver was at fault.
  • A collision that resulted in an injury where another driver was at fault.
  • A collision that resulted in an injury happened while you were in a ridesharing car.  

Specializing in Uber Accidents

Dealing with Uber or ridesharing accidents is as new as its technology. It calls for a special kind of skill and legal experience like a rideshare lawyer has. They have dealt with significant amount of cases involving all types of collision involving ridesharing cars. They want this to be a smooth process and focus on getting your life on track after your accident. They possess the resources and the experts to help guide you and get the best compensation.

An Uber accident attorney DC relies on has experience dealing with all types of cases. They understand the difficulty it is to deal with these cases and want to help. Start by scheduling a free consultation.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into Uber or Lyft accident claims.

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.