Recent Posts

Keeping Distance to Avoid a Truck Accident

Have you ever noticed that trucks usually have a sign at the back that says “Caution Air Brakes” or something similar? This is because heavy vehicles and trailers use a different type of brakes from the usual ones used in regular automobiles. Air brakes are designed to prevent truck accidents, but it may also be the reason for a truck accident if you aren’t careful.

In your sedan, SUV, pickup trucks and other smaller vehicles, hydraulic brakes are used. This braking system makes used of hydraulic fluid to provide the pressure needed for the foot brake to work. In larger and trailer-type vehicles, however, air is used instead of hydraulic fluid and to engage the brake the air is released. The reason trucks have that warning sign at the back is because air brakes are much more powerful than regular hydraulic brakes, powerful enough to stop a heavily loaded cargo truck in its tracks. If you are following too closely, there is a good chance you won’t be able to stop in time and you will complete your stop against and under the rear bumper of the truck.

Depending on the speed upon which you were traveling and the point of impact, this can have dire consequences. If you are lucky enough to escape with little or no injury, you still have to consider the damage to your car, which is bound to be considerable. And since you rear-ended the truck, you are most probably at fault, which in Texas means you probably won’t be able to claim from your insurance.

However, if you can prove that the driver was negligent i.e. driving while intoxicated then you will be able to claim for the damages to your car from your insurance, and you may even file a personal injury claim.

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Business Lawyers

Starting a new business can both be scary and exciting at the same time. However, in this challenging economy, it is important to choose the type of company structure that would best benefit you and, if applicable, your partners. For the best guidance and advice, it is usually smart for first-timers to consult business lawyers in order to weigh their possible options.

There are many types of ways that a business can be establish; among them is the Limited Liability Company, or LLC. This type of business combines both the benefits of pass-through taxation that a partnership or sole ownership has and the limited liability applicable to corporations. The legal existence of an LLC is separate from the management and its shareholders, so there are no risks of personal liability.

There are many benefits that a new company can benefit through LLC. Among them:

  • Once an LLC company is formed, it can stay as a company for as long as necessary. Changes in management, retirement, or even death do not affect the company, allowing it to smoothly continue operations. They can only be terminated through liquidation or other court orders.
  • They support better pension schemes as compared to self-employed businesses.
  • The most important advantage of LLC is its limited liability. This means that in cases of debts, the shareholders’ personal properties or assets will not be put at risk.
  • It is easier to get loans from banks, since they have option to either use certain assets in the company or use the company’s assets as a whole.

These are just some advantages which people who are starting a new business can get if they choose the Limited Liability Company structure for their business. Trained legal professionals can more fully explain the various benefits and potential drawbacks of this business structure. A planned structure for your business may be one of the most crucial parts of setting up success for the future.

Starting a Business

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Race-based Discrimination in Everyday Life

Race-based discrimination in the workplace is unfortunately common, and this is reflected in the wealth of information available on what to do when it happens to you. Discrimination in public settings is less clear however, such as if you go to a restaurant and are treated unfavorably because of your race. Is there legal recourse for those who are discriminated against because of their race in everyday life?you

Yes, in fact, there is.

Title II Section 201a of the Civil Rights Act of 1964 states:

“All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.”

Clearly then, it is illegal for any establishment open to the public to deny entry or service to anyone because of their race, or to treat them any differently from other people. If you believe that you have personally witnessed a violation of Title II through race-based discrimination, then you may have a case if you have some proof such as a video or audio recording of the incident, or if your discrimination lawyer can establish a pattern of behavior or identify a company policy that may be considered discriminatory. If the employer you work for is discriminatory, they should be brought to justice. If this has happened to you, make sure to act quickly.

There have been precedents, including the 1994 settlement by restaurant chain Denny’s for $52 million when a class action suit representing thousands of their African-American customers was filed against the chain for racial discrimination under Title II. More recently, two African American men filed a suit against the Broadway Apple Store in New York for denying them entry and service because of their race.  The case is pending as of publication.

Race-based discrimination is still rampant, but you don’t have to take it lying down. Your civil rights should be protected at all times, and there are laws that do just that so long as you are willing to exercise your rights.

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Temporary Court Orders in Divorce

There are many reasons why married couples ask for divorce, each of which can complicate the divorce process in its own way. However, regardless of the reason for a divorce, the entire divorce process can be tedious and may take a lot of time, lasting anywhere from a couple of months to a couple of years. Thus, with so many issues to settle, many spouses seek to be granted a temporary court order to address specific and necessary issues in a timely manner. Temporary court orders are granted once the divorce has been filed and stay in effect until the court has made a final settlement agreement between both spouses.

A temporary court order is legally binding and should be followed by both spouses, otherwise they will be held in contempt of court and could face penalties and even jail time (all to the discernment of the presiding judge). These court orders have many functions, and among the many things they address are:

  • Child-related concerns – issues such as child support, how much should be paid, child custody and visitation schedule can lead to a temporary court order being issued.
  • Property issues – before the implementation of the temporary court order for divorce, both spouses are required to submit the list of their personal and marital properties. Afterwards, the judge determines which spouse will live in the marital home and who will pay the mortgage (or if both spouses should pay for it), among other property issues. Additionally, issues such as how household items, credit card debts, and car are divided are also covered.
  • Temporary spousal support – depending on the earnings of each spouse, the amount of spousal support can differ. The objective is to make sure both spouses can live in equal comfort until the final decision has been made. This can be through direct monthly payments or through utility bills.

Usually, temporary court orders for divorce are only necessary if the spouses have not decided on their own regarding these issues, but action needs to be taken quickly. Although it is advisable to get permanent agreements in place as soon as possible, these temporary ones provide necessary instructions and guidelines for spouses when undergoing a divorce.

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What is Medical Malpractice?

When we go to the hospital, we expect to receive a level of care that will remedy our ailments without further hurting us. In the vast majority of cases, this is exactly what patients receive, but sometimes, patients are not given the proper care or treatment, worsening their condition and causing them to need more treatments that they wouldn’t normally have had to undergo.

This can happen when a doctor behaves irresponsibly and is known as medical malpractice. There are many forms of medical malpractice that can each be incredibly harmful to the patient. Typically, malpractice arises from efforts that are not up to par with how a doctor should reasonably treat a patient. Some of the most common forms of malpractice are:

  • Misdiagnosis
  • Surgical Errors
  • Prescription Drug Mistakes
  • Birth Injuries

In all of these instances, a doctor or other medical professional will behave in a way that is irresponsible. Some medical mistakes, such wrong-site surgery, occur with startling frequency. Wrong-site surgery includes mistakes such as operating on the wrong side of a patient, amputating the wrong limb, or even operating on the wrong patient entirely. These are mistakes that should never happen and there is no excuse for them.

Medical malpractice laws exist to protect the unfortunate victims of negligence that occurs at the hands of medical professionals. A malpractice lawsuit can help a person receive compensation for the costs of treatment necessary to recover from these kinds of mistakes as well as other potential expenses.

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Derailment Claims under FELA

Derailment is one of the causes cited in personal injury claims in Federal Employers Liability Act or FELA. A derailment occurs when the train or part of a train leaves the railway tracks while it is in motion; it is also referred to as a disruption of the proper guidance of the railway. In most cases, a derailment occurs due to negligence.

Negligence is the gross failure of a party that has an obligation to keep people safe to uphold that duty. For example, a railroad company has an obligation to ensure that it’s railways and trains are up to code and safe to use. Train conductors have an obligation to operate the train at an appropriate speed. Station employees have to make sure the carts are attached properly. It goes on and on. One person’s failure to uphold his or her obligation to keeping the railroads safe can result in tragic accidents that leave innocent people with severe injuries. Victims of such accidents have a right to file an injury lawsuit to seek compensation for their medical expenses.

Common causes of derailment

  • Rail Breaks – A rail break causes derailment because the missing or detached portion causes a train to jump out of the track. The reasons for rail breaks may be due to metallurgical fatigue, manufacturing defects, brittling due to wheelburn, wheel out of round, and excessive cold weather tension. Regular track maintenance can detect (potential) rail breaks that will effectively prevent a derailment due to rail breaks.
  • Misalignment – Track failures due to misalignment can be caused by too-wide spaces between rails, buckling under hot weather, incorrect track geometry, flood waters compromising the integrity of the track support, cyclical harmonic harmonies, problem with rail profiles and unconstrained rail rotation. In many cases, these situations can be avoided or remedied with regular inspection and proper testing of the rails.
  • Human Error – Some derailments are caused by poor judgment or management, especially when it comes to loading. The usual suspects when it comes to a derailment include uneven loading, incorrect loading of middle cars when traveling a reverse curve with light cars, and inexperienced handling of the train. This is why it is important for routine rail inspections.

FELA Claims

If a railway employee is injured or dies due to a derailment, there is a good chance that the railway operator is liable due to inadequate inspection and maintenance procedures. Under FELA, an affected employee can claim for compensation if there is proof of negligence on the part of the employer. FELA claims can be complicated, so it would be advisable to retain a lawyer conversant with the intricacies of a FELA claim in the appropriate jurisdiction. This will ensure a reasonable chance of getting just compensation for injury and damages resulting from a derailment.

 

Railroad

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Plumbing Problems In Your Home

ALD PlumbingWater leaks in any area in the house can cause serious damage if left unattended. Unfortunately, fixing the leak by yourself can often cause more harm than good, as a lack of professional training and, more importantly, experience may leave home-repair jobs fixing only a portion of the leak and exacerbating the underlying problem. Plumbing can be a complicated thing, so unless you are a professional, it is always best to call for a plumber.

There a lot of benefits to hiring an experienced plumber, rather than working on the leaks yourself. For one, professional work is almost always better. They not only fix the leaking sinks or faucets, they also dish out tips which can help you in preventing the problem from occurring again, or can advise you on how to get quick fixes should you come across the same issue in the future.

Most professional plumbers also perform high quality repairs, ensuring that their customers are satisfied with their jobs and that the leaks are fully fixed and that the problem does not resurface. Making sure that the repairs are lasting is one way to see if you have hired a professional plumbing service or not.

Lastly, getting professionals to do the work guarantees that they are done in the fastest time possible.  Faucets, sinks and other utilities are used every day, which is why professional plumbers try to repair these problems as quickly as possible to ensure that their customers will be able to use them as soon as possible.

Getting the right plumbing services to help you fix any issues in your house can help prevent you from incurring unnecessary expenses for renovations and repairs caused by water leaks. When looking for plumbing services, look for benefits such as warrantees, customer reviews, and even their availability, in order to determine which service would be best for you.

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Taking Photos and Videos at the Scene of an Accident

There are some things you have to do when you are involved in a car accident to ensure that your rights are protected. One of the most important of these is documenting the scene of the car accident through photos or videos.

Pictures and videos don’t lie. It tells the story without fear of misinterpretation or misrepresentation, and you need to preserve the evidence in situ. This is important if you find yourself defending your position in an insurance claim or a lawsuit. Thanks to advances in technology, you will probably have a camera handy through your mobile phone or tablet which takes decent photos and videos. Photos and videos are persuasive arguments in proving your case. In the event that you don’t have such a facility or it is unavailable i.e. low in battery, any camera will do.  Use the date and time stamp if the feature is available to provide information that may have relevance later on.

The scene of the accident includes the position of the vehicle or vehicles at the point of contact. You also need to document the surroundings to provide context i.e. at an intersection at night during a storm. If you can, document using at least three different angles, and take near and far shots. Other details that may escape your notice at the time will be captured and may prove to be crucial during an investigation. At the very least, photographic documentation will help refresh your memory when you recount the car accident to your insurer, lawyer, during a deposition or at trial as the case may be. Take as many photos or as long a video as you can manage. If storage or film is limited, capture the important details first.

Here is a list of things that you should prioritize:

  • The vehicles and the damage sustained
  • Skid marks
  • Crash debris
  • Site of the accident
  • Weather conditions
  • Any injuries sustained

Check the photos and videos you have taken before leaving the scene of the accident to make sure that you have enough usable ones. If you think you have a personal injury claim, take your evidence to a car accident lawyer for an assessment.

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What To Do Directly Following a Car Accident

Being involved in a car accident is an incredibly scary experience. The fear of sustaining an injury or losing your life causes a huge surge of adrenaline that can make it difficult to keep a level head directly afterwards. However, it’s important to remember what you should do after being involved in a car accident, since forgetting some of these steps can make getting an insurance claim or medical costs covered exceedingly more difficult than they should be.

One of the very first things you should do is check to see if anyone is seriously hurt. If so, call 911 immediately. If everyone seems to be in decent condition, call the police anyway. Their presence can serve as a mediator between you and the other driver and they can also generate an accident report, which will prove valuable when it comes time to make an insurance claim.

Be sure to photograph the scene of the accident, including damage to your vehicle and any other vehicles involved.

When talking to the other driver or the police, never say that you are unhurt. Some car accident injuries do not surface for days or even weeks. Additionally, do not apologize to the other driver, as that implies that you are at fault for the accident. Exchange insurance information with the other driver. Be sure to get his or her name as well as some form of contact information. This way you will be able to get in touch if you have further questions later on.

While being in a car accident is a jarring experience, being confident in what to do afterwards can help make it a little bit easier to handle.

 

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Used Cars

For many people, cars are a necessity in this day and age. Without automotive transportation, it would be impossible for many to go to work and back, never mind taking trips and holidays. While not everyone has a private pilot’s license, most individuals over the age of 16 in the United States do have a driver’s license.  However, with everyone feeling the pressure of living on a budget, buying a new car may be out of many individuals‘ price range.

Although there are perks in buying a new car, it can be a bit hard on the pocketbook. One way to help solve your car troubles is to consider buying a used car. In fact, there are some significant benefits in choosing to buy used cars instead of new ones.

One thing that sets used cars apart from new ones is their affordability. A typical new car costs more than $20, 000, and that is excluding taxes and fees. A used car, on the other hand, typically costs four figures or less. This huge difference in price can save more for other equipment and options which you might need and use in the future.

Another thing to consider is the considerable number of options that people can choose from. While new cars at dealerships are limited to the most recent makes and models, used car dealerships can offer a wide variety of different makes and models of vehicles.

Buying a used car may also be a better option from a value perspective, since the value of a new car goes down significantly after only a couple of years of ownership. In contrast, the value of a used car tends to decrease much more slowly.

When looking for used cars, most companies can help by offering you trade-ins, in-house financing, and even credit reporting. Finding the one that you are most comfortable with and that offers you the best service can help you to get the best deal possible from buying a used car.

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