Legal Consumer Guide Blog

FMCSA Puts Four “Chameleon” Carriers Out of Business

noreply@blogger.com (LegalConsumerGuide) — Fri, 17 May 2013 17:06:00 +0000

One of the roles of the Federal Motor Carrier Safety Administration (FMCSA) is to enforce safety rules among the many commercial truck and bus companies that operate in the United States. When a company is ordered to stop business until a safety problem is fixed, many companies set the problem right as soon as possible Some, however, choose an easier but more dangerous route and simply dissolve, re-forming under a new Department of Transportation (DOT) number and continuing business as usual.

The FMCSA refers to such carriers as “chameleon” or “reincarnated” carriers. Because many of these carriers don’t address their safety issues, they create a higher risk of accidents and injuries – not only for their own drivers and passengers, but also for everyone else who shares the road with their vehicles. As a result, experienced Missouri truck accident attorneys watch carefully for news of reincarnated or “chameleon” carriers.

Recently, as part of a recent campaign to improve regulation enforcement and roadway safety, the FMCSA began increasing its investigations of chameleon carriers and ordering them to cease operations once again. The most recent carriers put out of service by FMCSA’s orders include four trucking companies based in Kansas. All four were found to have avoided previous penalties issued for safety and to have re-formed as new companies, but while using the same equipment, drivers, and policies. The previous companies from which the four Kansas carriers were formed had been ordered to stop business in 2008 until the previous concerns were addressed. Contact us today at 1-800-CAR-CRASH (1-800-227-2727) for a free and confidential consultation.

Safety Tips for Prom Night

noreply@blogger.com (LegalConsumerGuide) — Wed, 17 Apr 2013 14:57:00 +0000

Schools throughout San Diego and southern California will be holding their proms soon, and many high school students are looking forward to the special night. Parents and caregivers can help teens stay safe during prom night by reviewing the following safety tips with them.

Tips for Parents

Talk about the “ground rules” for prom night. These include the school’s rules of conduct, your teen’s curfew, and the rules about avoiding drinking or riding with others who have been drinking.
Know how your son or daughter is getting to and from prom and who he or she is going to prom with. If your teen plans to go to parties before or after the event, talk to other parents about these events, where they will be, and how you and your teen can communicate.
Discuss ways your teen can duck out of pressuring situations like being offered alcohol, riding with an intoxicated driver, or being pressured for sexual activity.

Tips for Teens

Don’t drink or ride with friends who have been drinking. Even one drink is illegal if you’re under the age of 21.
Plan your night, including how you will travel to and from prom and other parties. Make sure your parents know who you plan to be with and at what times.
Charge your cell phone and keep it with you. Carry extra money so you can call a cab if you need one, or have the number of another responsible person handy if you get stuck without a ride.
Trust your instincts. If something feels dangerous or uncomfortable, leave and call your parents or another responsible person for help.

If your teen is injured during prom or another social gathering, an experienced San Diego injury lawyer can help you understand and protect your legal rights. Contact the Jurewitz Law Group today for a free and confidential case evaluation.

The Intimidation Factor: How are Debt Collectors Scaring You into Paying?

noreply@blogger.com (LegalConsumerGuide) — Tue, 09 Apr 2013 14:02:00 +0000

In the world of business, human emotion plays a vital role in generating income and keeping a company running. While in many cases these emotions include joy, surprise, and even greed, debt collection agencies prey on one specific emotion: fear.

When acting appropriately, a collector will not intimidate or harass the debtor. However, some use illegal tactics and attempt to scare debtors into paying. In fact, if the intimidation and fear is bad enough, a collector may get a consumer to pay for something they don’t actually owe.

Scare Tactics

Even the most stalwart person can be cajoled into paying a debt when he or she is caught off guard and overwhelmed by bullying tactics. As such, it is vital to be aware of these tactics and to know that they are illegal under the Fair Debt Collection Practices Act (FDCPA) so that you are prepared for such actions.

The Element of Surprise: Collectors may not slowly ramp up to scare tactics; they will use them from the beginning at full force to catch consumers off guard. Additionally, they may initially identify themselves as someone else to get in touch with you, only to reveal themselves later and begin their tactics.
Threats of Legal Action: A commonly used illegal tactic, collectors may tell a consumer that he or she will be arrested if they do not pay or will be sued. Since there is no debtors’ prison in the United States, this is false. Additionally, many lawsuits are never filed.
Foul Language: Debt collectors have been known to use profanity when making threats against a consumer. This can be another way to intimidate a debtor, as foul language can make threats seem more intimidating.
Threats of Violence: Collectors have been recorded threatening violence against a debtor and his or her loved ones. While collectors are often far away, this does not make this tactic any less frightening or offensive
Non-Stop Contact: As a way of breaking down a debtor, a collector may call him or her at all hours of the day and night and leave messages when the phone is not answered. Additionally, they may obtain cell phone and work numbers to call at many different locations.
Informing Others of Debt: Collectors may contact and tell others including family, friends, and co-workers the exact details of a consumer’s debt, or threaten to do so. This is often a tactic used to try and shame a person into paying.

Legal Protection against Debt Collectors

For San Bernardino County fair debt collection lawyer Howard D. Silver, protecting consumers from illegal debt collection practices is a top priority. By applying his experience and legal insight to each case, clients are able to put an end to unfair debt collection practices and find peace in their lives. To learn more about your rights as a consumer, call the Law Offices of Howard D. Silver at (866) 495-3666.

Are You Being Targeted for an Ineligible Debt?

noreply@blogger.com (LegalConsumerGuide) — Fri, 29 Mar 2013 14:18:00 +0000

There are many types of abuses perpetrated by debt collectors in the United States. While some are done by accident or not understanding the Federal Trade Commission (FTC) rules, others are done intentionally to make more money.

One of the biggest and most profitable forms of unfair debt collection is targeting debts that no longer qualify for collection. In other words, the debt collector is trying to take your money even though he has no legal right to do so.

Debt collectors may also tell consumers they owe money on a nonexistent or disputed debt or attempt collection on something that is too old. All of these practices are illegal.

Collectors may also try to obtain additional fees, charges, and interest on top of the debt itself. They may try this by threatening legal action if they are not paid. While this may not be legally enforceable, it can be an effective way of scaring consumers into paying.

Ventura County fair debt collection lawyer Howard D. Silver can help you protect your rights and finances if you are being abused by a debt collector. Do not let another day go by with collectors threatening your financial wellbeing. Call us today at (866) 495-3666 to find out how the Law Offices of Howard D. Silver can put an end to abusive tactics.

Dog Bites: What to Teach Your Children About Dogs

noreply@blogger.com (LegalConsumerGuide) — Fri, 29 Mar 2013 14:14:00 +0000

It’s important that parents teach their children how to be safe around dogs. Far too many dog bite injuries occur every year, and many of them involve children. Parents should spend a little time each week (and every time the opportunity presents itself) teaching their children about how to act around dogs, how to recognize a dangerous situation and how to avoid dogs that might pose a threat.

Teach, Don’t Scare, Your Children

While there are dogs out there that may harm your children, not all will. Teach your child in a conversational way in order to avoidscaring them or making them overly fearful. If you own a dog, talk about how nice your dog is, how he protects the family by barking, and how, when other dogs bark, they are protecting their people. Tell your children that a barks and growls are warnings to stay away, and that they should do this. Next, discuss why you walk your dog on a leash. If they notice someone else walking a dog on a leash, they shouldn’t approach because that dog is concentrating on doing his job, which is walking nicely down the street. If you notice a loose dog, children should immediately go to an adult and should never attempt to pet or catch the dog. Explain to your children that the dog could be scared because he is lost, and it is better to get an adult’s help.

If you don’t have your own dog and your children are unfamiliar with how a friendly dog behaves, consider attending an obedience class and watching from a distance. Explain to your child that each dog’s behavior is different and that they should never pet a dog without your permission and assistance, even if the dog looks friendly. If your child is overly fearful of dogs, ask the obedience trainer if your child can pet one of the older, well-trained dogs to help them see that not all dogs pose a threat.

Contact a Personal Injury Attorney

If you or your child is injured by a dog, contact the Husband and Wife Law Team at Breyer Law Offices today to discuss whether or not you are entitled to compensation. Victims of dog attacks often face many difficult obstacles, such as medical bills, psychological trauma or losing time at work. Our experienced personal injury attorneys will fight to make sure you receive fair compensation for your losses.

Follow These Tips to Prevent I.D. Theft When Filing Your Taxes

noreply@blogger.com (LegalConsumerGuide) — Fri, 22 Mar 2013 15:50:00 +0000

Every year, tax season brings increased awareness to people across the United States concerning identity theft and the risks they face. Reports from the Federal Trade Commission (FTC) indicate that I.D. theft is increasing at a rapid rate, with a new victim every three seconds. In fact, the FTC has reported that identity theft is the number one consumer complaint for the 11th straight year.

More I.D. thieves are taking advantage of tax season to steal vital information from victims. This way, they can file tax returns and claim the refund for themselves as well as use this information to make purchases.

To prevent identity theft from affecting you, Experian program ProtectMyID has provided the following useful information:

If you’re using a tax preparation app on your smart phone that requires you to take photos of your W2s, delete the images after everything has been completed. This way if your phone is hacked or stolen, a thief won’t obtain this information.
Do not use public computers to electronically file a tax return. These machines may be accessed by others with bad intentions. Also, do not email or text information to the IRS. This is less secure than using a website.
Keep vital documents in a safe or locked filing cabinet. Especially do not leave them in your car, which could be broken into.

If you are a victim of identity theft and creditors are still pursuing you, skilled San Bernardino County I.D. theft victim lawyer Howard D. Silver can help. Call us for a free consultation about your case by dialing (866) 495-3666.

Understanding How Plastic Surgery Ads Can be Ethical

noreply@blogger.com (LegalConsumerGuide) — Wed, 06 Feb 2013 16:19:00 +0000

Plastic surgery can seem to promise all sorts of solutions to people's unhappiness with how they physically look. Much of this perception has to do with how the medical service is marketed, both in medical information as well as advertisement.

Most doctors and medical firms are keenly aware that they can't offer physical perfection in their services. However, there is a vast and broad area of room between not advertising at all and where the law says a plastic surgery business can't go with marketing. Because of this fact, many people believe that better looks can be automatically had as long as the right price is paid in cash. This isn't always the case. There have been numerous cases where a plastic surgery has gone wrong, causing disfigurement or scarring.

Most states regulate their own medical practices through a consumer affairs agency and medical doctor licensing. As a result, state laws will vary from location to location, depending how the given state legislature decided to define the related rules. That said, there are certain aspects almost all states follow consistently. These include:

Medical services in plastic surgery cannot guarantee perfection in procedures offered. They have to inform consumers of the various risks involved before a procedure is performed.
Youth and teens under the age of 18 years must have parental consent before any kind of treatment or procedure is performed.
Many states require a specific time period or "cooling off" after a surgery is committed to and before the procedure actually occurs to allow a consumer a chance to change her mind.

Further, industry standards are laid out by the American Society of Plastic Surgeons for ethical marketing as well. In these industry recommendations, members and surgeons should:

Avoid being deceptive or misleading in advertisement information provided.
Only advertise products and services that are accepted in the legal practice of medicine and plastic surgery.
All relevant FDA information should be provided in the advertisement when marketing a plastic surgery product.
Specify that the image or information is an advertisement so there is no confusion by a reader as to the purpose of the material.
All statistics and scientific information must be based on actual scientific reports and not made up assumptions.

While plastic surgeons and medical firms are free to tailor their marketing to their needs in an open business market, sticking to ethical parameters services everyone well by advertising viable services and avoiding any kind of miscommunication that could lead to a mistake.

If you're a past or current customer of a plastic surgery procedure with issues and need legal advice on the matter or just have questions on the legality of medical information provided to you, contact a long term disability lawyer. If you are a salesperson looking for help with lead management software, visit Inside Sales.

Winter Worries: Keeping Safe in Your Car in the Cold

noreply@blogger.com (LegalConsumerGuide) — Tue, 29 Jan 2013 16:39:00 +0000

With the winter season still well underway and the cold settling in for several more weeks, we wanted to share some important tips for Massachusetts drivers to keep in mind while venturing out on the wintry roadways.

The Centers for Disease Control and Prevention (CDC) has come out with these very helpful reminders to stay safe while behind the wheel if you’re caught in the cold:

Ensure that your vehicle’s radiator is in top condition
Be sure to check your antifreeze levels regularly and don’t let the levels get low
Make sure your tires are ready for the roads by checking the treads on each tire. Consider replacing worn tires with snow tires or all-weather tires for extra safety
For your windshield washer fluid, pick up a special wintertime formula instead of the basic washer fluid you use in the warmer months

Put together an emergency kit to have in your vehicle at all times in the colder months in the unfortunate event you get stranded somewhere. The kit should include the following items:

Blankets
Flashlight with extra batteries
Snacks and bottled water
Jumper cables
Flares, to alert others of your vehicle’s location
Pump for your tires in case of a slow leak
A bag of cat litter or sand for traction purposes, if you’re stuck on ice, snow or slush
Map book
Compass
Plastic bags, for sanitation purposes

Where to Turn for Help after a Motor Vehicle Accident in Massachusetts

Those who are injured in motor vehicle accidents because of another driver’s careless or reckless driving on either clear or snowy roadways all too often face a long recovery from their injuries, not to mention the mountain of medical bills that start to come in the mail. If you have been involved in a Massachusetts accident, you may know this feeling all too well.

Luckily for you, the experienced personal injury attorneys with Kiley Law Group are here to help you understand the personal injury claims process and address all of your questions and concerns in pursuing a claim against the at-fault party who caused your injuries.

If you would like to discuss your Massachusetts accident case with our legal team and go over the options available to you, don’t want for another bill to arrive in your mailbox or another call from the at-fault party’s insurance adjuster. Call a compassionate personal injury attorney with Kiley Law Group today for your free consultation at (888) 208-1695.

How are Drivers Distracted by Using a Cell Phone?

noreply@blogger.com (LegalConsumerGuide) — Mon, 28 Jan 2013 20:03:00 +0000

Government officials in California and across the United States are steadily enforcing more and more laws concerning using a cell phone while driving. Some may think this is not necessary, but cell phone usage can create dangerous levels of distraction for a driver that can easily cause a serious accident. Driving requires great amounts of focus and awareness. Using a cell phone in any manner can easily lead to poor driving and an inability to avoid hazards on the road.

According to the U.S. National Highway Traffic Safety Administration (NHTSA), there are three types of distraction that can result from cell phone usage.

Visual

When using a cell phone, drivers may take their eyes off the road in order to look at the device. This may happen when looking at information for an incoming call, dialing a phone number, and reading or writing a text message. Additionally, smart phones have even more possible visual distractions due to their numerous applications, which can range from the helpful, such as maps, to the entertaining, like games. In any case, when a driver takes his or her eyes of the road for even a second, they will not be able to see hazards such as changing traffic, pedestrians, stop lights, and more.

Manual

Cell phone usage commonly requires the use of one or both hands. While California law permits drivers to talk on a phone as long as they are using a hands-free device, many still do not follow such rules. In particular, texting or using an app may involve a driver using both of his or her hands to type a message. Even if a driver cannot use one hand, he or she will be unable to drive the car properly, especially if emergency maneuvers need to be made. This can easily lead to mistakes on the road and crashes that should have been avoided.

Cognitive

Using a cell phone requires concentration. Drivers who are talking on a phone have devoted part of their mental capabilities to the conversation that is happening. Reading or writing a text message also needs focus and thought. In either of these cases, this is less time spent thinking about the road and processing your current situation, and more time focusing on cell phone-related activities. While it may not seem like the case to longtime drivers, operating a car safely uses up the vast majority of brain activity. When any of this is devoted to something else, reaction time is slowed and crash-causing errors may occur at any time.

Protecting the Rights of Distracted Driving Victims

At the Jurewitz Law Group, our San Diego cell phone accident victim lawyers are dedicated to helping crash victims recover from the losses caused by a distracted driver. By proving fault and finding compensation, we can help victims with their medical costs, pain and suffering, and lost income. To learn more about how we may be able to aid you, call (888) 233-5020.

Cold Weather Strategies that Can Keep You Riding This Winter

noreply@blogger.com (LegalConsumerGuide) — Wed, 23 Jan 2013 17:58:00 +0000

If you live in Massachusetts or in any other state that gets cold, snowy, and icy winters, and you’re a motorcycle rider, you are naturally frustrated when the weather doesn’t cooperate with your desire to ride. But as an experienced motorcycle accident lawyer who also rides, Tom Kiley is here to tell you that keeping your riding going even through the bitter cold winter months is definitely possible.

Some Helpful Riding Tips

Riding your motorcycle during the winter is much more complicated than it is in the spring and summer. Staying warm while riding is a must if you want to travel safely and comfortably (or as comfortably as possible). Here are a few cold weather riding strategies from the American Motorcyclist Association (AMA) that can help you enjoy riding all year-round:

Insulate your body. Wear multiple layers, with the inner layer made of synthetic material and the outer layer being non-porous so bitter cold wind can’t sneak past. For your in-between layer, something like wool or fleece would be good. Full-face helmet with scarf or even balaclava underneath would also be a good idea. Electric warming gloves and other electric warming equipment are highly recommended for long trips.
Watch out for black ice. Cold weather doesn’t just risk your physical safety; it can create hazards for your motorcycle as well. Black ice is almost clear frozen water on the ground. Make sure you are driving at reduced speeds and be especially careful on bridges, less-travelled roads, and any part of the road that is in the shade. If you hit ice, don’t brake. Pull in the clutch and allow the motorcycle to coast until you’re clear of the ice.
Don’t let your bike freeze. Not only do you have to be prepared for the cold, your bike does too. Make sure to check all the fluid levels in your motorcycle, especially anti-freeze, as well as the tires. Make sure everything is full and in good condition before heading out into the cold.

When Others Don’t Practice Winter Driving Safety

Unfortunately, even if you figure out how to ride safely during the winter, it doesn’t mean other motorists do the same. Negligent or reckless actions by other drivers in bad weather are especially dangerous and can result in serious injury traffic accidents.

If you have been injured in a motorcycle accident caused by the unsafe driving of another motorist, the motorcycle legal team in Boston at Kiley Law Group can help. We have successfully handled a wide range of Massachusetts motorcycle accident cases and can provide you with the information you need to decide what is best for you.

Protect Yourself from a DUI This New Year’s Eve

noreply@blogger.com (LegalConsumerGuide) — Wed, 19 Dec 2012 18:51:00 +0000

Many DUI defense lawyers in Colorado start the New Year by fighting for the rights of those who were charged with driving under the influence of alcohol on New Year’s Eve. Not everyone who is charged with a DUI in Colorado is guilty, but a charge can cause serious hardships for anyone - starting with the loss of a driver’s license, which typically follows a DUI arrest.

You can help yourself and your friends avoid a DUI charge and the consequences that come with it by practicing safe partying this New Year’s Eve. Here are a few tips:

Make plans early. If you’re planning to go out for New Year’s, decide how you’re going to get home before you leave. Will you take public transportation, call a cab, rely on a designated driver, or use another method? With a sober ride home in place, you can enjoy the party without exposing yourself to a DUI arrest.
Use your cell phone. Punch in the numbers of a few local cab companies before you head to a New Year’s party. You’ll have a backup plan if you need a ride, and you’ll also be able to call a cab for anyone else who looks like they shouldn’t be driving.
Host responsibly. If you host a New Year’s party, you can help your guests avoid Colorado drunk driving charges as well. Stop serving alcohol at least one hour before the party is due to end, and keep an eye on your guests; call a cab or give guests a place to crash for the night if you think they’ve had too many drinks.

The dedicated Colorado Springs DUI defense lawyers at The Bussey Law Firm, P.C. can help you build an aggressive defense against a drunk driving charge, no matter the season. Call us today at (719) 475-2555 for a free consultation.

Colorado Constitutional Amendment 64 Legalizes Recreational Marijuana Use

noreply@blogger.com (LegalConsumerGuide) — Tue, 11 Dec 2012 15:26:00 +0000

On November 6, 2012, voters passed Colorado Constitutional Amendment 64, which legalized the recreational use of marijuana for individuals 21-years-old or older. While this is a historical law, experienced defense attorney Timothy R. Bussey reminds Coloradoans that this does not mean that they can’t be arrested for a marijuana-related crime.

Understanding Amendment 64

Recreational marijuana use will be legal as of 2014, at least as far as the current timeline projects. Coloradoans are NOT permitted to use marijuana recreationally before then. If you do, you will be prosecuted under the current marijuana crime laws.

Once recreational marijuana use is legal, there are still a number of rules and regulations that Coloradoans must abide by, such as:

You cannot use marijuana if you are under 21 years of age;
You may only grow a certain number of marijuana plants;
You may only purchase or be in possession of no more than one ounce of marijuana; and
You may not be under the influence of marijuana when operating a vehicle.

You can still be arrested for driving under the influence of drugs (DUID) when recreational marijuana use is legal.

Marijuana will be taxed, just like alcohol and cigarettes, and will also be subject to a number of other rules and regulations regarding the licensing of cultivation facilities, testing facilities, product manufacturing facilities, and, of course, retail locations.

Recreational Marijuana vs. Medical Marijuana

It is important to understand, however, that these new rules and regulations do not change medical marijuana laws. Medical marijuana facilities are still governed under the same regulations as is the process by which a person must complete in order to be approved for medical marijuana use. Medical marijuana facilities will NOT be allowed to sell marijuana to non-medical users.

Protecting Your Legal Rights

In the next few years, there will likely be a lot of confusion regarding Colorado marijuana laws and you may find yourself in trouble with the law. If you have been arrested for a marijuana crime in El Paso County, Timothy R. Bussey can build an aggressive defense on your behalf. To discuss your case, call (719) 475-2555 for a free consultation today.

Putting Kids First on Universal Children’s Day

noreply@blogger.com (LegalConsumerGuide) — Wed, 05 Dec 2012 19:24:00 +0000

As parents, we do everything we can to give our children the things that they need to be happy, healthy, and productive as children and when they grow up to be adults. But, at Breyer Law Offices, P.C., we believe it never hurts to have a little reminder about what kids really need, which is what Universal Children’s Day is all about.

Every year, on November 20th, the General Assembly of the United Nations (U.N.) encourages adults to put kids first and aims to cultivate understanding and give children what they need. As a part of giving your children what they need, it’s important to remember safety in everything you do and for everywhere you go.

Here’s a list of things you can do to help make every day about your child’s safety:

Watch your children around swimming pools and natural bodies of water to ensure that they do not fall in or try to swim in the deep end without an adult present.
Teach your children about street safety and remind them to always walk on the sidewalk when it is available, to cross the street at corners and crosswalks, to always watch for cars, and to avoid running out into the street for any reason.
Help your child to learn sports safety tips, including the importance of stretching and wearing proper safety gear.
Make fire and burn safety one of the most important things you teach your family. Give your children an exit strategy in case of a house fire and teach them about burns that can happen with appliances and the stove.
Talk to your children about weapons and safety. Even a common steak knife can become a tool for tragedy if used inappropriately. Make sure that your children understand the proper and improper uses of knives, scissors, guns, and other dangerous instruments and tools in your home.

Childhood is a time for having fun. This may stifle the inner “keeper” in some parents and may make you think that you shouldn’t ruin your child’s adventurous spirit. However, remember that just because you don’t want to stop them from climbing the neighbor’s tree doesn’t mean you can’t teach them to do it safely.

Buying Safe Toys for your Children This Christmas

noreply@blogger.com (LegalConsumerGuide) — Tue, 04 Dec 2012 19:24:00 +0000

It can be difficult to know which toys are safe and which pose a significant risk. There are many toys in the marketplace that simply are not safe for younger children. Some toys currently being sold in New York toy stores are even under investigation by the U.S. Consumer Product Safety Commission (CPSC).

When shopping this holiday season, it is important to carefully read the age recommendations on the box. In many cases, products that are meant for older children have small parts that can pose a choking hazard, while others can break and cause laceration injuries.

It may be in your best interest to also read consumer reviews online regarding which toys are safe for children. If a product is potentially dangerous, it is likely that a concerned parent has already posted a negative review on the product on the store's website. It can also help to research if the product is currently under investigation by visiting the official CPSC website.

Unfortunately, it is not only toys that are dangerous for young children. Many products have packaging material that can be extremely hazardous. Plastic wrap and parts should be immediately thrown out. Babies and young children have been known to choke and suffocate on packaging materials that were left out.

If your child is hurt as the result of a defective product, you may be able to pursue compensation from the product manufacturer. You will have to prove that the product was defective in some way and that the defect directly contributed to an injury or illness.

The skilled New York defective toy injury attorneys at Wingate, Russotti, Shapiro & Halperin fight for the best interests of children and their families. We provide free consultations on all potential claims at (212) 222-4336.

Insurance Company Survey Finds Cell Phone Distractions Still Harm Drivers

noreply@blogger.com (LegalConsumerGuide) — Tue, 27 Nov 2012 21:52:00 +0000

Washington was one of the first U.S. states to ban texting while driving and to require drivers to use a hands-free device when talking on a cell phone. Since Washington’s laws went into effect, many U.S. states have followed suit in banning or restricting texting and cell phone use behind the wheel. However, these changes may not be enough to protect those on the road from a cell-phone related auto accident.

A recent study by State Farm Insurance revealed that, while texting and talking behind the wheel aren’t as common as they once were, a new distraction has begun to take drivers’ eyes and minds off the road: “webbing,” or checking Internet sites, while driving.

The study polled about 1,000 drivers and found that “webbing” was particularly common among younger drivers, ages 18 to 29. About half of these drivers admitted to checking or even updating social media websites as they drove, as well as checking e-mail while behind the wheel. Just like texting, “webbing” takes a driver’s mind, eyes, and hands off the road. Even a distraction of one or two seconds is enough to cause a life-changing crash.

Any kind of distraction can cause a serious accident. If you or someone you love has been injured by a distracted driver, please don’t hesitate to contact the tenacious Seattle distracted driving accident attorneys at Hardwick & Pendergast, P.S. to learn more about your legal rights and options. Our number is (888) 228-3860. Call us today for a free and confidential consultation.

What Happens after an Uninsured/Underinsured Motorist Accident?

noreply@blogger.com (LegalConsumerGuide) — Tue, 27 Nov 2012 15:19:00 +0000

In Washington, motorists are expected to carry auto insurance in case of a crash. Most drivers live up to this responsibility by buying a policy or using another method to ensure they have coverage if a crash occurs. However, some drivers don’t carry insurance, or they don’t carry enough insurance to cover all the bills in a serious accident.

When you’re in an accident with an uninsured or underinsured driver, it adds another complication to an already rough situation. Your options after an uninsured motorist accident depend on your own insurance coverage, as well as other factors. If you’ve been hit by an uninsured or underinsured driver, the skilled Seattle uninsured/underinsured motorist accident attorneys at Hardwick & Pendergast, P.S. can help.

Uninsured/Underinsured Motorist Coverage

Some drivers opt to buy insurance coverage that directly addresses the problem of uninsured and underinsured motorist accidents. If you have uninsured/underinsured motorist coverage, you can file a claim with your own insurance company to cover the bills that would have been covered if the other driver had had the proper insurance.

Working your way through an uninsured/underinsured motorist coverage claim can be difficult if you’re also working to recover from serious injuries. You may find the help of an experienced attorney invaluable when it comes to filing a claim or succeeding in settlement negotiations.

Other Auto Insurance Coverage Options

If you’re in an accident with an uninsured or underinsured motorist and you don’t have uninsured/underinsured motorist coverage, other parts of your own insurance may nevertheless cover your bills, depending on your policy. For instance, you may have collision coverage or personal injury protection that will pay for car repairs or medical bills.

Like an uninsured/underinsured motorist claim, navigating a collision or personal injury protection claim isn’t always smooth sailing. Knowing your rights and having a strong advocate to help you defend them are key to getting the insurance settlement you need.

Third-Party Claims

In some auto accidents, a person injured by an uninsured or underinsured motorist doesn’t have insurance coverage that will meet his or her own expenses from the accident. When insurance isn’t an option or an insurance company’s settlement won’t pay the accident bills, Washington law allows injured individuals to go to court to seek compensation directly from a driver whose negligence caused harm.

Court claims after a car accident can also be extended to cover other parties whose negligence may have caused the accident. For instance, if a hidden defect in a vehicle part led to brake failure or an inability to steer safely away from danger, an injured person may seek compensation from a manufacturer or repairperson who may have failed to use reasonable care in making, assembling, or fixing the vehicle.

Providing Effective Legal Representation

Car accident injuries can be devastating, and having a collision with an uninsured or underinsured motorist can complicate matters. But you don’t have to fight for compensation on your own. The experienced Seattle uninsured and underinsured motorist accident attorneys at Hardwick & Pendergast, P.S. can help. Contact us today at (888) 228-3860 to learn more.

Colorado’s New Marijuana Law May Conflict with Federal Rules

noreply@blogger.com (LegalConsumerGuide) — Tue, 27 Nov 2012 15:03:00 +0000

With the passage of Amendment 64 in Colorado, voters approved the legalization of the use and possession of less than one ounce of marijuana for residents 21 years of age and older, giving the state the power to regulate and tax the drug. However, some experts are pointing out that legalization may not be smooth sailing.

Although Amendment 64 calls for legal marijuana use under specific circumstances, under federal law, any marijuana use or possession remains a crime. Marijuana is still a controlled substance under federal law, and federal laws and banking regulations still prohibit banks from lending to businesses that handle marijuana or from handling such a business’s payroll. Many financial activities that any business needs will be considered a violation of federal money-laundering laws, if the business in question sells a federally-prohibited controlled substance like marijuana.

The potential regulatory and legal problems that come from the conflict between Colorado’s Amendment 64 and federal drug laws could mean big trouble for those who want to use or sell marijuana in Colorado. The state may no longer prosecute use or possession of less than an ounce of the drug, but federal prosecutors might still choose to enforce federal drug laws within Colorado.

Drug charges can be difficult to face, but you don’t have to do it alone. At The Bussey Law Firm, P.C., our experienced Colorado drug charge defense lawyers can help you build an aggressive defense and protect your legal rights. Call us today at (719) 475-2555 for a confidential consultation.

Fair Sentencing for Youth Act Passed in CA, Gives Hope to Juvenile Offenders with Life Sentences

noreply@blogger.com (LegalConsumerGuide) — Tue, 27 Nov 2012 14:52:00 +0000

California Governor Jerry Brown recently signed into law the Fair Sentencing for Youth Act, which requires youth offenders sentenced to life without parole for crimes committed when they were minors to serve at least 25 years in prison before they become eligible for parole. Young offenders now have several opportunities to ask for a reduced sentence of 25 years to life, the first coming after a young offender has served 15 years in prison and shown signs of rehabilitation and remorse. An individual may also be eligible if they had an adult co-defendant.

An author for the Juvenile Justice Information Exchange and proponent of the act states that though the reform is modest, it declares to Californians that children are better than their worst acts and deserve a second chance at life. The author also proclaims that youth should be held accountable for their crimes and the harm caused in age-appropriate ways that may allow them to show their ability to become productive members of society.

Passage of State Bill 9

The passing of the new Fair Sentencing for Youth Act, also known as State Bill 9, follows several rulings made by the U.S. Supreme Court that have reformed the nation’s application of the most extreme punishment for youths. The ground-breaking rulings by the high court include: prohibiting the death penalty for juveniles in 2005; outlawing life without parole for non-homicide crimes committed by minors in 2010; and this year, barring states from imposing mandatory life without parole sentences for minors, which allows judges the discretion to consider lesser sentences and mitigating factors. The bill was introduced in December 2010, and State Bill 9 was later amended in May 2011.

Shift from Strict Juvenile Sentencing

In California, an estimated 300 inmates are serving life without parole terms which were received as juveniles, and supporters of the Fair Sentencing for Youth Act affirm that the U.S. is the only country in the world to allow children and juvenile offenders to die in prison. A national coordinator for Washington D.C.-based campaign for the act states that the new law “represents a significant shift away from harsh sentencing policies that ignore the unique characteristics of children”, adding that youth have great potential to become rehabilitated because they are still developing emotionally and physically.

The newly passed act requires a statement of remorse and rehabilitation, and permits three hearings for a youth sentenced to life without parole. This essentially creates a periodic review process of the progress of individuals sentenced to life without parole for crimes committed as youth.

Preserving the Rights of California Youth

The Universal City juvenile criminal defense lawyers of Takakjian & Sitkoff, LLP have dedicated their careers to defending the rights of individuals facing criminal charges in southern California. As such, our knowledgeable legal team recognizes that juveniles need aggressive legal representation in order to protect their future. As advocates for our state’s youth, we will work attentively to ensure your child receives the outstanding representation he or she needs to get the best results in their case. For a complimentary consultation regarding your loved one’s case, call (866) 299-4111.

Debris or Potholes Can Cause Serious Injuries for Motorcycle Riders

noreply@blogger.com (LegalConsumerGuide) — Tue, 13 Nov 2012 19:45:00 +0000

Debris in the roadway can cause very serious injuries to motorcycle riders. Design defects or holes in the roadway can also lead to serious injuries for motorcycle riders

Our motorcycle accident attorneys at Breyer Law Offices, P.C., currently have a case where a motorcycle rider hit a pothole in the roadway that had been there for what looks like years. The rider was very seriously injured. Motorcycle riders are likely to be seriously injured because they have no protection and are likely to be ejected from the bike.

Potholes and Group Riding

Many times motorcycle riders travel in groups and riders are typically more seriously injured when they hit a pothole while riding with others. This is because the riders behind the initial accident are not expecting a rider to be ejected. If one rider hits a pothole, it can cause a chain reaction through the rest of the group.

When riding in groups if you are able to keep an eye out ahead of you it may help to prevent more serious injuries to you. Of course, when you are riding on the highway or are traveling at a consistent speed, it is very difficult to see such things in front of you.

What a Motorcycle Collision Attorney Would Do to Help

A skilled motorcycle collision attorney could be useful to the injured rider or the family of a rider killed in cases like these. The Husband and Wife Law Team would help that rider or the family to negotiate with the at-fault party. Many times the at-fault party is the city, owner of premises, or other vehicle owners. These cases often involve experts and have short deadlines. For instance for potholes accidents if the city is at fault, the initial deadline is 180 days to file a notice of claim. Contact the lawyers at the Breyer Law Offices, P.C. now for help with your case.

Washington Leads the Nation in Seat Belt Use

noreply@blogger.com (LegalConsumerGuide) — Tue, 06 Nov 2012 20:11:00 +0000

A recently-released federal report on seat belt use throughout the U.S. showed that Washington leads the nation in seat belt use, according to a press release from the Washington State Patrol. Washington’s seat belt use rate is about 97.5 percent, according to the study performed by the National Highway Traffic Safety Administration (NHTSA).

2012 is the seventh year in a row that Washington’s seat belt use rate has been higher than 95 percent. The rate for Washington has also stayed significantly higher than the national average, which is around 86 percent. Neighboring Oregon comes close to Washington’s record, with 96.6 percent, while Idaho has a much lower seat belt use rate, at 79.1 percent.

Seat belt use is directly linked to reduced risk of death and serious injury in car accidents. According to the Harborview Injury Prevention and Research Center, wearing a seat belt decreases a passenger’s risk of dying in a car accident by 61 percent.

The decrease in the risk of death may be even higher in certain types of crashes. In rollover accidents, for instance, about 95 percent of those who lose their lives are not wearing seat belts at the time of the accident, according to several NHTSA studies.

Seat belts can help protect you and those you love in a crash, but they can’t prevent negligent drivers from causing serious accidents. If you’ve been injured in a collision, the skilled Washington car accident attorneys at Hardwick & Pendergast, P.S. can help. Call us today at (888) 228-3860 for a free case evaluation.

NHTSA Continues to Investigate BMW 7-Series Car Transmission Problems

noreply@blogger.com (LegalConsumerGuide) — Tue, 30 Oct 2012 15:57:00 +0000

The National Highway Traffic Safety Administration (NHTSA) recently took steps to begin recalling several BMW 7-series model vehicles after a continued investigation into the cars’ transmission problems revealed a series of incidents in which drivers, passengers, or pedestrians could have been seriously injured.

The investigation began several months ago after owners of the vehicles reported that their vehicles had rolled down an incline even after they were turned off and the driver had put the car in park. The NHTSA has recorded over 50 such complaints in the past several months.

The vehicles that may be affected by the auto product recall were built in model years 2002 through 2008. They have push-button ignitions and electronic transmission controls, which are typically also operated by pushing a button. In some cases, the vehicle may stay in neutral even if the buttons are pushed for park, which can cause a rollaway accident.

One report sent to the NHTSA from a BMW owner reported that, after the driver parked the vehicle in a day-care center parking lot, the vehicle rolled across the parking lot and into an embankment. Another driver reported his vehicle rolling backwards into a lamp post after he had turned off the ignition, which is supposed to put the vehicle in park automatically. Luckily, no one was injured in either accident.

Sometimes, it’s easy to see what caused a crash. In other cases, however, the cause of the accident is hidden in a defective part deep within the vehicle. That’s why it’s crucial to choose an experienced Missouri car accident attorney like the team at Page Law. Our aggressive legal team will comb the evidence in your case and hold all negligent parties accountable for their actions. Call us today at (314) 322-8515 for a free consultation.

Safe Costumes Mean a Safe and Happy Halloween for Kids and Adults

noreply@blogger.com (LegalConsumerGuide) — Tue, 23 Oct 2012 17:51:00 +0000

Parents throughout Washington know that Halloween trick-or-treating can pose certain dangers, including an increased risk of pedestrian accidents. However, many Halloween injuries are caused not by cars or other people, but by costumes that put children at unnecessary risk.

Here are a few tips from the U.S. Consumer Product Safety Commission (CPSC) on how to check your child’s costume for safety, ensuring that he or she has a safe and happy holiday.

Visibility. Reflective tape on costumes can make kids easier to see, and equipping them with flashlights can help them see obstacles in their own path. Also, consider using make-up instead of masks so that kids don’t have their view obstructed.
Trip hazards. Broken sidewalks, scattered decorations, and debris aren’t the only trip hazards during Halloween. Costumes with too-long hemlines or ill-fitting shoes can also cause a child to trip and fall. Have kids try on costumes and shoes before Halloween to make sure they fit properly.
Flame resistance. Candles and bonfires are popular items at Halloween parties, but open flames can put kids at risk of catching fire, especially if costumes have long hems, sleeves, or flowing parts. Choose flame-resistant materials to reduce this risk, and consider swapping open flames for electric lights that don’t pose the same fire risk.

Costumes aren’t the only cause of Halloween accidents. If you or someone you love is injured during this year’s festivities, a dedicated Seattle personal injury lawyer at Hardwick & Pendergast, P.S. can help. Call us today at (888) 228-3860 for a free telephone consultation.

NHTSA Study Claims 10% of Fatal Crashes Involve Distracted Driving, St. Louis Personal Injury Lawyer Examines Dangers

noreply@blogger.com (LegalConsumerGuide) — Tue, 23 Oct 2012 17:45:00 +0000

St. Louis, MO – The St. Louis personal injury attorneys of Page Law are dedicated to protecting the rights of those injured by negligent or reckless parties, with one of the most dangerous reckless actions on the road today being distracted driving.

According to the National Highway Traffic Safety Administration (NHTSA), 10 percent of all fatal car accidents in the nation involved distracted driving in 2010, while 18 percent of injury accidents involved the reckless action, a statistic that has the legal team at Page Law concerned for the safety of all Missouri drivers.

Distracted Driving Brings Danger to All Drivers

A recently-released study by the NHTSA found that vehicle crashes that involved distracted driving resulted in 416,000 injuries and 3,092 deaths. Additionally, five percent of truck drivers involved in fatal accidents were reported as distracted while seven percent of passenger car drivers in fatal crashes were distracted. Cell phone distraction was reported as involved in408 deaths and 24,000 injuries. Drivers who were younger than 20 years old and drivers from age 20 to 29 were reported to be the largest age groups involved in fatal distracted driving crashes.

Distracting actions that were listed as most common causes of accidents included daydreaming, distracted by a person or object outside the vehicle, talking on a cell phone, and using a cell phone in some other way. Despite various laws prohibiting distracted behavior such as cell phone use, distracted drivers continue to be a frequent cause of accidents throughout the nation.

The Serious Risk of Distracted Driving

Distracted driving is an extremely dangerous occurrence on the road as those who do such actions often cause the worst possible crashes. Due to distraction, drivers will not execute safety maneuvers such as braking or swerving in order to prevent or minimize the impact of a crash. Often, distracted drivers will not be aware of oncoming hazards until the instant they collide with them. Safe driving requires complete attention in order to adjust properly in relation to potential dangers and the ever-changing conditions of roads. Common distractions include cell phone use, changing the radio, talking with occupants, and daydreaming. Any and all of these can result in the three forms of distraction: manual (hands off the wheel), visual (eyes off the road), and cognitive (mind off of driving). It only takes a few seconds for distraction to cause a disastrous accident.

Committing to Justice and Recovery for Injured Victims

At Page Law, St. Louis distracted driving victim attorneys have years of experience proving fault and finding compensation for all injured victims. Dedicated and experienced legal representation has not only brought success for John Page and the entire legal team at Page Law, but widespread recognition. John Page has been rated as a “Preeminent Lawyer” by Martindale-Hubbell’s AV Peer Review Rating and made a member of the Million Dollar Advocates Forum. Additionally, Page Law was named “One of Missouri’s Most Winningest Law Firms” for their rate of success and degree of compensation for injured clients. At Page Law, the rights and needs of injured victims come first, with each member of the legal team devoting the sum total of their experience to giving each client’s case the best chance for success.

Page Law
1232 Washington Ave. #220
St. Louis, Missouri 63103
(314) 322-8515
john@pagelaw.com

CDC Study Shows Decrease in Teen Drunk Driving

noreply@blogger.com (LegalConsumerGuide) — Thu, 11 Oct 2012 18:04:00 +0000

A new study released by the U.S. Centers for Disease Control and Prevention (CDC) reveals that the percentage of U.S. teens that drive drunk has decreased by 54 percent between 1991 and 2011. A BrevardTimes.com news report says that a Vital Signs study shows that even as gas prices and teen unemployment have reached an all time high, as well as the abuse of prescription drugs amongst teens, which has become an epidemic, the total amount of teens who drive under the influence of alcohol has gone down, with nine out of 10 high school teens (ages 16 and older) not drinking and driving during 2011.

The CDC study analyzed data from the national Youth Risk Behavior Surveys (YRBS) from 1991-2011, which are national surveys that ask high school students if they have driven a vehicle when they had been consuming alcohol “one or more times during the 30 days before the survey.” Researchers from the CDC focused their analysis on students ages 16 and older. Other striking statistics from this study include:

85 percent of high school teens who reported drinking and driving in the past month also reported binge drinking, defined by YRBS as having five or more drinks in a short period of time.
U.S. teens were responsible for an estimated 2.4 million episodes of drinking and driving per month in 2011.
At 18 percent, high school boys ages 18 and older were the most likely group to drink and drive, while 16-year-old girls were the least likely at six percent.

If your teenage son or daughter is facing a drunk driving charge in the state of Maryland, you should consider seeking legal assistance from the Howard County underage DUI defense lawyers at Alpert Schreyer. Our legal team understands that a drunk driving conviction can have a very serious impact on the future of your child and will make every effort to have the penalties reduced or the charges are dismissed entirely. Call (866) 444-6363 for a complimentary consultation.

U.S. Supreme Court to Review Forced Blood Tests for Drunk Driving, Musca Law Examines Effect on Florida

noreply@blogger.com (LegalConsumerGuide) — Wed, 03 Oct 2012 16:08:00 +0000

Jacksonville, FL – The Florida drunk driving attorneys at Musca Law know the importance of police procedure and the rights of citizens concerning testing and charging suspects for driving under the influence of alcohol.

The U.S. Supreme Court has agreed to review whether or not police must obtain a search warrant for forcing a suspect to have their blood taken to examine their blood alcohol content. While this case stems from a Missouri trial, it could affect states across the nation, including Florida. As such, Musca Law’s legal team is concerned for the rights of all Florida citizens concerning drunk driving prosecution.

Warrants and Rights Concerning DUI Blood Tests

The U.S. Supreme Court recently announced that it would decide if a search warrant is needed for police to force a driving under the influence (DUI) suspect to have his or her blood drawn. The case will review a Missouri decision that stems from a 2010 incident where a DUI suspect refused to submit to a breath test and was then taken to a nearby medical laboratory, where he had his blood drawn, despite objections.

The Missouri Supreme Court had ruled that officers must typically seek a warrant to draw a DUI suspect’s blood; however, the State of Missouri has contended the decision, appealing to the U.S. Supreme Court. Missouri has claimed that the U.S. Constitution does not require police to receive judicial approval for a blood test as alcohol quickly dissipates in the bloodstream and waiting for a warrant would destroy important evidence. Currently, 27 states have laws barring nonconsensual blood tests, meaning that a warrant is needed in the event of a refusal. Both states that do and do not have such laws could be affected by the Supreme Court ruling, depending on which side the court takes.

Strict Laws, Strict Penalties for Florida DUIs

Under Florida law, police officers will require a warrant should a suspect refuse a blood test when being investigated for a DUI. However, Florida authorities have combated such rulings in recent years by holding “no refusal” DUI checkpoints, where a judge is on hand to promptly issue warrants in the event of a refusal. Those who are convicted of driving with a blood alcohol content of 0.08% or greater can face serious penalties that steeply increase with multiple convictions. Convicted defendants may be fined thousands of dollars, spend months in jail, and lose their drivers’ license for years. Without proper defense against charges, defendants may be subjected to the full extent of the law, incurring the heaviest fines possible.

Legal Experience for Successful Defense

At Musca Law, the Jacksonville DUI defense attorneys utilize effective defense strategies to build strong cases for each client. By both keeping clients informed of the ongoing changes in their case and building a defense that weakens prosecutors’ arguments while strengthening defense, Musca Law has helped countless clients since its founding in 2001 by John Musca. Every defendant deserves high quality legal representation and Musca Law is dedicated to providing clients with such defense.

Musca Law
2650 Airport Road South, Suite H
Naples, Florida 34112
(239) 793-5297
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Source:
http://www.businessweek.com/news/2012-09-25/forced-blood-test-in-drunk-driving-case-gets-court-review