Reasons You might be Blamed for a Car Accident

Car accidents can be complicated matter, and there are instances where you can be held liable for another person’s driving even if you were not in the vehicle or in the vicinity of the accident. In order to know your rights when such instances occur, the website of Williams Kherkher suggests knowing how such situations can happen in order to protect yourself. The majority of car accidents lay on who caused the accident and whether they were negligent.

Even if you are not the one driving the vehicle when the accident happens, you can still be held liable in certain situations. One such situation is when you are the employer of the person who caused the accident. Employees driving company vehicles and while on working hours can be let off the hook and have their employers be held liable for the accidents through the theory of “vicarious liability”. Also known as imputed negligence, the employer can be held accountable for the actions of their employees.

Another instance is negligent entrustment, where you permit another person to drive your vehicle (either your children , friend, or any other person) who is either incompetent or are reckless or negligent drivers. State laws may differ, but generally the car owner will be the one held liable for the damages caused by the accident. States often determine whether a driver is incompetent or unfit if they are intoxicated, unlicensed or are underage elderly or inexperienced, and had records of being a reckless driver. You will be held liable for any accident that involves your vehicle because you had expressed your permission to use the vehicle.

It can be difficult to deal with a car accident claim when you are not the one involved in an accident, which is why it is important to be responsible when allowing another person to drive your vehicle. Car accidents are often serious and can lead to life-threatening injuries, long-term disabilities, and even death. This is why reckless driving is treated as serious matter and have stiff penalties.

But How Can My Child Have Cerebral Palsy?

It can be one of the worst things to hear, following the birth of a child: to know that there was a complication, to be told that something went wrong. First-time parents often have imagined this kind of scenario throughout the span of the pregnancy but quite a lot of them don’t quite know how to proceed when the worst case scenario actually happens to them. One of these scenarios involves the newborn child becoming afflicted with cerebral palsy.

It has been noted in several studies that in every 1000 newborns in the United States, 2 to 3.5 of them are likely to develop cerebral palsy. At the present moment, there are more than half a million children and adults in the United States who live with this disorder and, unfortunately, there is no known cure as of this moment for cerebral palsy.

What, exactly, is cerebral palsy?

It is a neurological disorder caused by non-progressive brain damage. “Non-progressive”, fortunately enough, means that it does not worsen over time. The consequences of cerebral palsy are limited or impaired motor skills. This could then require lifelong physical therapy and medication in order to be able to function and live as normal a life as possible.

Now, how can your child have cerebral palsy? It is difficult news to bear, yes, but a cerebral palsy lawyer would probably tell you that it is imperative to keep a level head at a trying time like this, for the sake and the future of your child. Staying level-headed can help you assess your legal options and understand the long road that taking action might require you to travel. This affliction is often due to improper handling at the time of birth or significant oxygen deprivation during the first two years of the child. Non-medical reasons as to why a child could have cerebral palsy could be due to head trauma.

This condition can only mean that the suffering family is highly emotionally charged and such, it can be easy for them to be goaded into quick-fix solutions that may not be viable for the long term.

Motor Vehicle Drivers and Pedestrians are Expected to Exercise Reasonable Care at All Times

Even if you own a car, you too are a pedestrian at certain times of the day; whether walking on a sidewalk, a road, or in a parking lot, being a pedestrian is what all Americans (as well as all others around the globe) have in common.

The National Safety Council, a non-profit, non-governmental public service organization records as many as 70, 000 cases of pedestrians accidents in the US every year, more than 4,500 of these being fatal. More specifically, based on records from the National Highway Traffic Safety Administration’s Traffic Safety Facts, 4,818 pedestrians were killed in motor vehicle accidents in 2012; in 2013, the number dropped by 2%, to 4,735.

There are many different factors that put pedestrians’ lives at risk, such as tripping on an uneven or cracked sidewalk (which is actually the major cause of pedestrian injury) and being hit by a motor vehicle, which is much more dangerous as this can easily result to serious injuries or death.

According to the website of the Seegmiller Law Firm, broken bones, spinal cord injuries, traumatic brain injuries and accidental amputation are just a few of the serious injuries that pedestrian accidents result in. Now, where serious injuries occur, costly medical bills and income lost because of time spent away from work, in addition to many other consequences, are sure to follow. Due to these, drivers and pedestrians are always expected to exercise reasonable care by observing and obeying traffic safety rules. In the case of motor vehicle drivers, giving pedestrians the right of way, never overspeeding, never allowing themselves to be distracted while driving, driving with extra care during poor weather conditions, always signaling prior to making a turn, and never driving if intoxicated, are some of the measures they can and should observe to help ensure pedestrian safety. On the part of pedestrians, always making sure to cross only at marked crosswalks, not ignoring the “don’t walk” signal, never darting in front of vehicles, and never disrupting the flow of traffic by crossing even at busy streets, are ways that will refrain them from putting motor vehicle drivers in precarious situations.

Fatality among pedestrians is always higher in rural areas, where there are usually no sidewalks, where many streets and intersections are poorly illuminated at night, and where vehicles can run at faster speeds. Data also show that most of those who are involved in pedestrian accidents are pedestrians with a blood alcohol level of more than 0.08% or drivers with the same high level of BAC (many times, both driver and pedestrian are found out to be intoxicated).

When an accident occurs, a pedestrian, who sustains injuries, may just be able to pursue legal action, especially if evidences show that he/she was not the one at fault during the accident.

What Debts Bankruptcy May Eliminate

Bankruptcy is a last resort option that individuals struggling with debt may choose to claim in order to remove substantial amounts of debt they are unable to pay from their record. This damages credit scores that may be necessary to purchase a car, home, or take out loans later in life. When declaring bankruptcy through Chapter 7 and 13, it is possible to wipe out credit card and other unsecured debts. Unsecured debts are when the creditor does not have access to your property and therefore cannot repossess valuables when debt is not paid. When filing for Chapter 13 bankruptcy instead of Chapter 7, you may be responsible for paying partial debt before the rest is discharged.

One of the main functions of bankruptcy involves the stopping of creditor harassment and their claim of liens. A lien is the right a creditor has to take valuable items from a debtor when they fail to repay the money they owe. This is important when creditors are threatening to foreclose on your mortgage or repossess the vehicle you rely on for transportation to work or school. According to the website of attorneys at Gagnon, Peacock & Vereeke, P.C., discharging and restructuring debt through bankruptcy may also protect our small business from creditors and employees from losing wages.

Unfortunately, bankruptcy may not remove secured debt or the right of secured creditors from repossessing property they are entitled to. Other obligations that will not be eliminated through debt include child support payments and alimony. When using Chapter 13, the plan to repay debt will include paying late child support and alimony payments in full. Bankruptcy also does not discharge almost any student loans or tax debts.

The process of declaring bankruptcy is a serious financial and legal decision that required extensive planning and forethought. If you or a loved one is considering bankruptcy, consult an experienced bankruptcy attorney in your area. A knowledgeable lawyer will be able to help you discover the most beneficial course of action for your situation.

Facts About Mining Ownership

In most countries, organizations and individual people cannot own mineral resources, and the government must grant them permission before they can extract and sell oil.

Fortunately for people of the United States, this is not the case. The United States allows for complete private ownership, meaning they can obtain surface and mineral ownership, and the trade of property is virtually unregulated. The term for this is fee simple estate.

Surface ownership is when you own what is on the property. Mineral ownership is when you own the minerals below ground. Many people just interested in owning the property as an investment will sell their mineral rights to mining companies. There are some cases where owners only sell the rights to mine certain minerals. The buy and sell process has a lot of flexibility in order to meet the owner’s needs.

Something to consider when selling mineral rights is that if you only sell mineral ownership and keep surface ownership, the mineral owners are allowed to come on your property at any time and remove resources. The surface owner also has no say in how the resources will be removed and how or if the property will be restored. Most of the conflict between mining companies and surface owners stems from disagreements during the mining process. Although the money mining companies pay to mine usually compensates for any sort of damage they may do, this is still something to consider if you are thinking about selling mineral rights.

When the owner and a mining company are unsure of what their business partnership may have in store, owners sometimes lease their mining rights for a temporary amount of time instead of selling the rights. If the mining company does not start production by the time the lease is up, all of the property rights go back to the owner.

Workplace Discrimination Based on One’s Religion

In December of 2014 the U.S. Equal Employment Opportunity Commission (EEOC) ruled that the action taken by a New Jersey school, which fired a teacher for giving a student a Bible, was a violation of one of the stipulations of Title VII of the Civil Rights Act of 1964, specifically the prohibition of discriminatory acts based on religion.

If such were a fair ruling by the EEOC, then what about an unmarried woman becoming pregnant and being fired by the Catholic school where she taught, or a Christian-owned pharmacy denying employment to an applicant who expressed openness in issuing birth control prescriptions?

Believe it or not, religion is a workplace concern that both federal and local governments should look into and employers ought to start recognizing and finding solutions to. Obviously, observance of the law which prohibits any form of job discrimination, including in the hiring process, has resulted to the employment of individuals, many of who belong to different religions. Often, however, the more diverse the religious beliefs are in one firm, the greater the conflict is, but only if the employer fails to find the appropriate technique to solve this issue.

While Title VII prohibits religious discrimination in the workplace, an employer may be legally excused if accommodating a person of a certain religious belief would cause undue difficulty in the operation of his/her business. According to the website of law firm Cary Kane, LLP, undue difficulty can mean, for example, additional expenses for the company, decrease in workplace efficiency, compromise of workplace safety, or the need for other employees to render more than their share of burdensome or potentially hazardous work.

Some of the recommended solutions an employer may adopt, however, in order to render the accommodation (for an employee’s religious practices or beliefs) that is required by law, include changes in workplace practices or policies, job re-assignment, flexible scheduling, and voluntary shift substitutions. It will prove beneficial to both employer and employee or job applicant if the latter will inform his/her employer of the practices or activities his/her religion requires of him/her to perform so that proper accommodation may be given him/her.

Being discriminated against still by employers despite the mandates of federal and state laws could already be a message to the discriminated employee or applicant to raise the matter to the EEOC and then to the courts for legal remedies.

Driving an SUV Safely

SUV rollover accidents are among the most dangerous and damaging accidents on the roads, regardless of whether it is a single-vehicle rollover or involved other vehicles. Many car manufactures have already faced a great number of lawsuits following the accidents that their SUV’s have caused, and automotive defects have been the main reasons to a number of their units to be recalled.

Because SUVs are considered “heavier” and “bigger” vehicles as compared to other cars on the road, they can require more skill in negotiating along roads. The stability issues that come with SUVs can pose a challenge to a newbie driver, but there are other things you can do to help prevent accidents and protect yourself (as well as others around you) from any injuries. One such safety driving tip is to drive slowly during bad weather. Driving on slippery roads at high speeds makes the SUV very hard to maneuver, and although they can withstand adverse road conditions they can require more time to stop and more skill to drive.

Also, consider the fact that the heavy weight of the SUV would require more time and distance to get to a complete stop. Make sure that you have a safe distance from the vehicle in front of you that would allow you to stop properly a safe distance. Another tip is to slow down while making turns and to avoid swerving. In an event of a possible accident make sure to not panic to ensure that you will have control of the vehicle. Make sure not to oversteer, as this can trigger a quick transfer of weight from one side of the vehicle to the other and would cause a rollover accident.

All types of vehicles should be treated with equal respect, especially when they are on the roads. You can prevent road accidents or rollovers by knowing which type of vehicle fits you and by driving in a safe and defensive manner. Information on car insurance indicates that a benefit many insurers reward people who are proven safe drivers with decreased rates.

Pick A Worthy Lawyer To Fight For You

You may have friends and coworkers who speak about their attorney as if it were perfectly normal to have one. Though the costs of hiring a lawyer are prohibitive to the average person, there are actually ways to have legal representatives on retainer for a fraction of the cost of hiring one in an emergency. Read here about how to find these attorneys and how to establish the relationship.

You always need to be researching a lawyer’s history prior to hiring them. The fact that a lawyer is practicing is no indication that he or she is successful or skilled. Be sure that you find out what his track record is like so you can feel confident of his ability to do a good job for you.

A good tip if you’re looking to bring on a lawyer is to make sure you thoroughly investigate whether or not a certain lawyer will be a good fit. It’s generally a good idea to go over a few different lawyers at a time and compare them to each other.

If you are approached by a lawyer, do not hire them. This could be a scam and may cost you more money. Do your due diligence and hire the best lawyer on your terms.

Stay as organized as possible when you are working with a lawyer, such as the firm Williams Kherkher. This means that you should have all of the documentation in relation to your case on hand at all times. If you are unorganized, your lawyer can lose valuable time planning a strategy for your case, which may result in a loss.

Even if you have not been in trouble or had legal needs before, you now realize that it could happen at any time. Even for routine legal paperwork or getting advice about transactions, it always helps to have professional legal oversight. Take what you have learned here and put it to use in finding the legal help tht you may need.

Motorcycling Fatalities to Rise?

According to the Salt Lake Tribune, two were critically injured in a motorcycle accident Sunday around 9:40 pm. Police say that the motorcycle crashed into a wall. Both people, whose identities were not released, were taken to the hospital.

Thankfully, no one was killed in this incident. However, unfortunately, many motorcyclists die each year in the US. If you find yourself in a situation where you or someone else was injured due to a motorcycle accident, experienced lawyers such as the The Benton Law Firm can help victims recover from their accidents. 

Some evidence implies that this statistic may only get worse with time. According to an article on the Examiner’s website, deadly accidents are not decreasing. In fact, helmets, which are the best indicator of whether or not motorcyclists will survive a crash, are being used steadily less in the past decade. In 2000, 71% of motorcyclists wore a helmet; by 2007, that number had declined to 58%.

This may be directly linked to the increasing motorcyclist fatality rate. The National Highway Traffic Safety Administration (NHTSA) recently released a study that states that there was a 2% increase in motorcycle fatalities from 2010 to 2012. More disturbing still, the same study states that 42% of motorcyclists who died in a single vehicle crash had a BAC over .8.

Clearly, motorcyclists should take more precaution before hitting the road. Pohl & Berk, LLP’s website notes that drinking, speeding, and not wearing a helmet may seem like small decisions at the time, but those actions may lead to serious injury or even death. If you or a loved one were harmed in a motorcycle accident, and believe another party was responsible for the damage, it may be smart to seek legal representation.

Driving a motorcycle has inherit dangers and motorcycle accidents are much more common than regular car accidents. If you or a loved one has been hurt in a motorcycle accident, contact a personal injury attorney today. They will be able to guide you through your case.

Birth Control Options for Women

With so many birth control options available to women, choosing the one that is best for you and your lifestyle can seem overwhelming. Although the abundance of choices increases your chances of finding a birth control that suits your needs exactly, there are also many different points that you must consider before making a final decision. Like any medical issue, you should talk with your doctor first and foremost to discuss the impact of each of these methods on your health.

Choosing a Birth Control Method

There are both pros and cons to each method of contraception. The method you choose will depend on your own preferences and other details, such as your health. For example, a family medical history that includes breast cancer may force you to reconsider certain types of contraception. Additionally, high blood pressure and tobacco usage could also impact your decision.

Also, you may want to consider lifestyle factors such as how often you have sex, how many sexual partners you have, the effectiveness in preventing pregnancy, and any possible side effects.

Common Contraceptive Options

The most frequently utilized contraceptive methods include the following:

  • Abstinence – This is the only 100% effective form of birth control, but many argue that it is unrealistic.
  • Condoms – This birth control option protects you against pregnancy and sexually transmitted infections. There are both male and female condoms available, but male condoms are the most popular. Many doctors suggest using condoms along with another form of birth control to fully protect against pregnancy.
  • Oral contraceptives – There are a number of different options of birth control pills that use progestin or a combination of progestin and estrogen to help prevent pregnancy. Pills are a popular option because they can reduce pain from menstrual cramps and result in lighter periods. However, the pill has a reported eight percent failure rate, usually from women forgetting to take it at the same time every day.
  • The Patch and the Ring – Both of these forms of birth control are classified as “hormonal methods” and do not require you to take a pill every day. The patch is a piece of plastic applied to your stomach or arm. The ring, also referred to as NuvaRing, is a flexible device placed inside the vagina for 21 days at a time and then taken out for the week of the woman’s period. Both forms are 92 percent effective at preventing pregnancy. However, you shouldn’t use the ring if you have high blood pressure or vulnerable to blood clots. Recent studies have shown the NuvaRing can lead to blood clots or strokes, which has led many women to file a NuvaRing lawsuit for their damages.

These are only a few examples of available birth control methods. To learn more about additional options and determine which is best for you, make sure to speak with your doctor today.