Wrongful Arrest In New Mexico: How to Get Compensation

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The police are tasked with many difficult situations, but with their great power comes great responsibility. All police officers have to work within a certain set of standards laid out by the United States Constitution. They also have to make certain that your constitutional rights are not being infringed upon. Should they fail to comply with these standards, they may be liable for damages under the law. 

 

Were you wrongfully arrested by police in Albuquerque, New Mexico? If so, you might be entitled to compensation. Get in contact with The Law Office of Brian K Branch. Branch’s team of lawyers are seasoned New Mexican personal injury attorneys that have been getting results for their clients for decades. With these legal experts in your corner, you can approach this legal process with a sense of confidence and efficiency.

 

What are the laws on wrongful arrest? 

 

The main law that comes into play when it comes to wrongful arrest is the 4th Amendment of the Constitution. The 4th Amendment protects every citizen from being arrested without probable cause or a warrant. Additionally, it prohibits the police from searching cars or homes without permission or probable cause. 

 

A violation of the 4th Amendment by wrongful arrest is considered an abuse of power, and police are not allowed to do it. However, proving this can be difficult in court. 

 

Why is it hard to sue the police? 

 

You would think that with all the stories going around about police brutality, that more cops would be in jail, but the simple reality is that lawsuits against state law enforcement officials are inherently difficult. The police, like all government agencies, have vast amounts of time, money, and bureaucratic know-how that allow them to fight any court case that comes their way to the fullest. This means considerable evidence has to be presented to sway the case against them. 

 

Qualified Immunity

 

“Qualified immunity” is the legal term for the privilege that police officers are granted in order to effectively apprehend suspects and neutralize crime situations. In other words, if it’s necessary to keep themselves or bystanders safe, they are allowed to use force, violence, or arrests if a “reasonable person” would think that you likely committed a crime. Of course, what’s necessary and unnecessary can a source of considerable debate, and this is why an experienced New Mexico police brutality lawyer is always handy. 

 

What kind of compensation am I entitled to? 

 

This always depends on the severity of the case (how long you were arrested for), but wrongful arrests can generate anywhere from the low four figures to high six-figures in some circumstances. 

 

Looking for justice after being wrongfully arrested in New Mexico? 

 

Get in touch with the Law Office of Brian K Branch today to see what your options are.

 

The Law Office of Brian K Branch

 

715 Marquette Ave. NW

Albuquerque, New Mexico 87102

Tel: 505.764.9710

Toll Free: 888.972.1212

Fax: 505.764.9722

The Dangers of Log Trucks in Alabama

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Trucks represent a serious hazard for a number of reasons. First of all, these vehicles and heavy and large. This means that they’re not as easy to maneuver, and they take longer to safely come to a complete stop. Their size and weight also makes them particularly dangerous when colliding with smaller, lighter cars. In addition, trucks can be quite dangerous because of the cargo they carry. While there are many examples of dangerous cargo, logs can represent an especially worrying risk for drivers in Alabama.

Alabama’s Logging Industry

Alabama has the second-largest timberland base in the entire nation, and the Heart of Dixie is home to 23 million acres of forested areas. In addition, forestry is the source of Alabama’s largest manufacturing industry, raking in approximately $4 billion per year. With these facts in mind, it should come as no surprise that a log truck is a common sight on the roads of Mobile or Daphne.

Man Killed in Crash with Log Truck in Blount County

In March of 2021, it was reported that a man had lost his life due to a collision with a log truck in Blount County. The driver struck the rear of the log truck on Interstate 65 and was killed instantly. This is just one example of a fatality involving a log truck in Alabama, and there are many others.

Why Are Log Trucks So Dangerous?

Log trucks represent a significant danger for a number of reasons. On the one hand, these trucks are subject to the same general hazards posed by any truck. These include distracted or intoxicated drivers, fatigued drivers, speeding, and other risk factors based on human error.

On the other hand, log trucks have to worry about plenty of additional hazards as well. Perhaps one of the most considerable hazards associated with these vehicles is improper loading. Logs are a unique type of cargo, and it’s sometimes difficult to judge their weight. Many of the logs might not be completely straight. This makes it very difficult to balance the load properly. Unbalanced loads can make it more difficult for a driver to maintain control of the vehicle. They may also increase the chance of rollovers.

When most people think of an accident involving a log truck, they probably picture the logs coming loose and rolling across the road. This is certainly a possibility, especially if the logs aren’t secured properly. These heavy logs can crush smaller cars and cause a serious amount of injury and carnage.

Finally, the logs may hang over the edge of the truck, making it difficult for other drivers to judge distances. These overhanging logs should always be properly flagged, but sometimes this vital step is not taken.

Can I Get Compensation for a Log Truck Injury?

If you’ve been involved in a log truck crash, you stand a strong chance of getting compensation for your injury. Reach out to a qualified personal injury attorney in Alabama today, and you can pursue justice and hold negligent parties accountable.

Police Brutality in Connecticut

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What constitutes police brutality? Is it defined the same way in Hartford as it is in Amesville? What does it look like when a police officer crosses the line, from protecting the community and themselves to using excessive or unnecessary force, with potential suspects? What are the consequences for mistakes made by police officers? Is there recourse for people who have been abused by a police officer?

What Is Police Brutality?

According to Amnesty International, “police brutality” can be defined as human rights violations perpetrated by police officers. Examples of these violations are the inappropriate use of riot-control tools (pepper spray, rubber bullets, flash grenades, etc.) on peaceful protestors, racially biased treatment of the public, physically beating suspects, the unjustified killing of both suspects and innocent people, torturing suspects, and more. More obscure violations can also occur as micro-aggressions against members of the public. When a police officer makes a policing decision based on their own biases, it can be expressed as a micro-aggression.

Examples of Police Brutality

Sometimes when the police kill a suspect, the suspect is armed, and the police officers fear for their own safety or for public safety. This may be called a “justified” or “righteous” killing. Other times, when police kill a suspect, they have made a mistake. Sometimes this occurs when they target a wrong person, when they go to a wrong address, or when they assume a suspect is armed and they are not. Unfortunately, the most excessive cases of police brutality cannot be undone, and some mistakes made by police officers cannot be corrected. 

Consequences of Police Brutality

From 2015 to 2020, Connecticut recorded 21 examples of police killings, where a police officer’s use of force resulted in a death. Sixteen of the 21 deaths have been investigated and resolved. Five cases are still under investigation. To date, no Connecticut police officers have been charged with a crime related to the killings. When there are no consequences for our actions, it is impossible to be accountable.

Protecting Rights

In July 2020, Connecticut’s governor signed HB 6004 to advance the civil rights of the state’s citizens. HB 6004 states that “no police officer, acting alone or in conspiracy with another, shall deprive any person or class of persons” of the rights described in the state’s Constitution, and any police officer who violates a person’s rights in this way can be sued in civil court. 

It is somewhat surprising that Connecticut did not provide this type of protection to its citizens before July 2020. For people who experienced police brutality before July 2020, HB 6004 came too late. If you are one of these people and have been treated with excessive force or brutality by a police officer, you need legal support and guidance if you want to pursue charges against the police officer, police department, or the city where the incident occurred.

What are some problems caused by workers not checking their pay statements in Texas?

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Odessa, TX – A worker’s paycheck or pay stub contains important information about their total hours worked, pay rate, deductions, and taxes. Other additional types of info may also be included depending on the specific employer in question and the worker’s status. However, many workers never bother to review these documents due to the convenience of direct deposit and other automated forms of pay. These programs are prone to computer software errors and other problems that can cause wages to be lost if they are not checked regularly. Some unsavory employers may even be counting on the fact that workers will not look at their statements to engage in wage theft. 

Issues when there are no physical copies of pay statements

When a worker only receives some kind of digital copy or a computer program that allows them to check their pay, this may be better for the environment because of less paper but it often causes other issues. Workers could miss an entire paycheck and not even notice if they are not in the habit of checking their pay statements regularly. 

Access and security issues

Workers will often have the task of logging into a computer system with some kind of username and password. There are technical issues created by this method of issuing pay statements, and some companies may even need to hire additional personnel with information technology backgrounds to manage these systems. If a worker temporarily loses access or forgets their password, they may not end up seeing or checking their pay for an extended period of time. 

Illegal deductions

All workers have to deal with issues related to tax, social security, and any legitimate benefits that come out of their pay. However, some employers illegally deduct work expenses and other items from a paycheck. If the employee is not careful and regularly checking their statements, these deductions can go unnoticed for long periods of time. 

Remedies for improper pay and deductions

When a worker has not been paid properly, they can take legal action to try to correct the situation. A lawsuit for unpaid wages and wage theft will often result in the back pay being issued to the worker, along with interest late payment. The workplace may be liable for various fines or damages if they are investigated and found to be engaged in any kind of foul play. 

Employment law firms in Odessa

Moore and Associates is an experienced group of labor law attorneys who assist workers in the Odessa area. Consulting with the firm is the best way for individuals who are having problems with their employer to decide if a lawsuit or other actions are necessary. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

Why are truck accident insurance claims and legal actions so complex in Midland Texas?

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Texas – April 1, 2021

Truck accident attorneys in Texas can assist with insurance claims after an accident results in property damage, physical injury, or death.  The cases are often more complex because of the catastrophic damages involved and the multiple parties that can be held responsible.  If legal action is initiated, multiple facets will be considered when building a strong case for negligence against responsible parties.   A truck accident attorney can guide a case through the insurance settlement process, or to a court action when negligence is suspected.

Complexities.

The complexities arising out of a tractor trailer crash include:

  • Suing multiple parties, and dealing with multiple insurance carriers after an accident. Negligence may be proven against other parties besides the truck driver in some instances.  The other parties may include the trucking company, freight owner, cargo loading agents, freight inspectors, and/or truck maintenance companies.  A truck accident attorney can identify all parties to an action after a case consultation, and a review of the damages.
  • Federal carrier overarching laws, and state laws may provide for increased accident victim protections because carriers have certain responsibilities in accordance with those laws. Important factors in fault determination such as drivers’ hours restrictions, cargo loads and weights, truck size and routes and other case specific driver safety regulations will reveal possible trucking company violations.
  • In addition to police and insurance accident investigations and reporting, the Department of Transportation may want to access the big rig equipped Event Data Recorder, similar to an airplanes black box. It stores information regarding sudden stops, hard braking, and speed at the time of an accident, as well as keeping a record of the average speed a driver maintains over a specific period of time on the road.

Truck accident insurance. 

Texas is a “fault state” and parties found to be responsible for a truck accident will have to compensate the other party involved in the accident. The State Law utilizes the 51% rule, allowing an injured person the ability to collect damages if they are up to 50% responsible for an accident, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.   A lawyer has the experience to guide victims of truck accidents toward damage compensation.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Truck accident attorneys in Midland Texas can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Filing time limitations.

There is a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or insurance benefits when property damage, physical injury, or death are caused in a truck accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 

Sources.

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf

What are the components of a personal injury lawsuit in Louisiana?

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Baton Rouge, LA – When people think of personal injury lawsuits after an accident, there may be some confusion regarding what a lawsuit actually entails and how the victim gets paid. Anyone who is considering a lawsuit after an accident should realize that there are a few crucial components to these kinds of cases that must be established, otherwise the victim cannot collect any money at all. Their attorney’s job is to ensure that all elements of the case are shown through the evidence and legal argument. 

Proving liability

A plaintiff can only collect from the person or business they are suing if they can meet the burden of proof to show the defendant was actually responsible for their losses. This is done with the help of evidence and argument from the plaintiff’s lawyer, however the proof needs to be present in some form. In a negligence case, liability generally comes from a breach of the standard duty of care that is relevant to the incident in question. This is shown through reckless behavior, violations of laws or regulations, or even a simple mistake that resulted in serious consequences. 

Losses or damages

There can only be a lawsuit if the victim has to deal with some kind of tangible, real loss after the defendant’s mistake. A mere potential for loss or prospect of harm will result in the case getting dismissed due to no injury in fact. Damages are also important because they dictate the monetary value of the lawsuit. Someone who has lost wages, medical bills, and trauma associated with an accident may be able to collect larger amounts if their injuries are serious. The reason many forms of insurance exist is to protect the person from this kind of financial liability through lawsuits. 

The initial pleading

An important part of the personal injury case is the initial documentation that is filed to start a negligence action. This can include a summary of the facts related to the accident, legal argument as to why the defendant is at fault, and the listing on damages. The defendant responds to these allegations, and the discovery process to exchange evidence and information can start after both parties have notice of the lawsuit. Most cases will settle after a certain amount of information has been passed back and forth and it is clear that liability can be shown if the case went to trial.

Injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf are attorneys who dedicate their time to accident lawsuits in the Baton Rouge area. Anyone who needs help with the process of filing a lawsuit and in court representation can schedule a meeting with the firm. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How do community property laws affect a divorce in Arizona?

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Yuma, AZ – Arizona’s divorce laws include community property provisions, which creates some crucial issues during divorces in the state. In many divorce cases, property division can be the most time consuming and frustrating aspect of a separation. However, community property laws can make this phase of the divorce even more challenging, as spouses essentially have to find a way to equally divide or share almost everything they own.  

The definition of community property in Arizona

The term community property means that anything that was purchased or obtained during the marriage is considered to be owned equally, regardless of which spouse specifically bought it or has the legal title. This can make dividing assets after a separation slightly more complex, as spouses will generally have to find a way to share everything down the middle. There are generally only exceptions for certain types of gifts or items that were inherited from family members. 

Types of items that are community property

There are a few common things that are almost always considered community property during a divorce case. These include cars and vehicles, credit card debt, student loan debts, real property and homes, bank accounts, investment accounts, and even retirement accounts. 

Dividing community property during a divorce case

Family courts are given general guidance that community property should be divided fairly and equitably. This phrase is somewhat vague, but the judge assigned to the case usually tries to get as close to an equal or fifty percent division as possible. In cases where a piece of property such as a car or house cannot be divided between the two, the court will order the couple to sell it and divide the profits. The property must receive an appraisal or similar evaluation to determine a fair market value. 

Settlements and minimizing court involvement

One way that this process can be bypassed is for the spouses to come up with their own marital settlement agreement. This is ideal because it means less time and money in court, and generally also includes less conflict between the spouses. The couple can draft a contract that dictates exactly who gets ownership or certain property and assets. The court assigned to the case will review the document and sign off on it without requiring any further dispute or issues related to those items listed in the agreement. Legal help should be obtained when making these agreements, as they also must address complex issues such as taxation and indemnity. 

Family lawyers in Arizona

Schneider and Onofry is a firm that handles various problems for families in Yuma, Arizona. Divorces, child custody hearings, support payments for spouses and children, and various other family law issues can require the assistance of a licensed attorney. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

A brief overview of what to do after an accident in Charleston

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Charleston, SC – From the moment a car accident happens, the driver needs to take certain steps to preserve their rights and ability to be compensated fully. It is important for drivers to follow rules for dealing with an accident closely, as there may be insurance consequences or even criminal charges for certain behaviors if the driver is not careful. 

Making contact with others involved

Even if it appears that an accident is very minor, the driver should not leave immediately and make contact with the other drivers. Leaving the scene of an accident is a crime. All drivers should exchange information at the scene, and contact the police or local emergency services if it appears that there is any kind of significant property damage or injuries to the people involved. 

Law enforcement and the accident report

If the police do arrive, the driver should make contact with them and see if there are any questions that need to be answered. Giving an account of what happened can be crucial to the process to generate an accurate report. This documentation can become one of the most important pieces of evidence if it is necessary for the drivers to appear in court or file insurance claims at a later time. Officers with knowledge of traffic laws and road conditions can summarize what happened in their report and give an opinion regarding the cause of the crash. 

Contacting insurance companies

Drivers are required by the terms of their auto insurance policy to report the accident as well. This should be done as soon as realistically possible after the area is secured and the driver is safe. Reporting the crash will help create a formal claim and the driver may receive compensation from their provider depending on the specifics of the accident. 

Getting representation from an attorney

Unfortunately, some drivers are left with large costs that may not be covered by the relevant auto insurance policy. It is a good idea for people in this situation to contact a local lawyer and explain their problems. In most cases, a lawsuit against the person or business responsible for the crash is the best way to try to get payments for these costs. The defendant may have to pay out through their insurance, or they may be personally liable for any injuries or property damage that they caused. 

Meeting with an attorney after an accident in South Carolina

The Clekis Law Firm is available to assist accident victims in the Charleston area with various legal matters. Contacting the firm to schedule a consultation is the best way for people dealing with the aftermath of a car crash to get started. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

What are the costs associated with being hit by a drunk driver in Florida?

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Boca Raton, FL – When someone is charged with drunk driving, they may have to pay thousands of dollars for fines, court costs, and legal representation. The suspect may also be ordered by a court to attend treatment for drug and alcohol abuse at their own expense. 

However, if they cause an accident, the person they hit may have even larger expenses for vehicle repairs, medical treatment, lost wages and income, and other losses. The costs for a victim of a drunk driver can be very large, and they may need to resort to the legal process to get help with their personal costs even when the driver is charged criminally. 

Damage totals

Various studies have been conducted which reference data that shows drunk driving costs Americans billions of dollars each year. These costs come from a number of different sources. 

A drunk driver typically causes lots of damage when they lose control of their vehicle. Obstacles near the roadside whether they are street signs, enclosures, other cars, or even homes and residential or commercial buildings are regularly damaged by reckless or drunk drivers during an accident. 

Medical costs can also run into thousands or millions of dollars over time if the victim is seriously hurt. 

Insurance increases

Drunk drivers will be penalized on their personal insurance policies, but auto insurance costs also increase for everyone because of drunk drivers. Insurance companies have to factor in the overall risk of being on the roads, and drunk driving is a high risk behavior that comes with a high price tag. All drivers end up paying for drunk driving accidents to a certain degree. 

Retaining a lawyer

Legal help is usually the best way for victims of drunk drivers to get assistance paying for their bills. Personal injury lawsuits can ask for an amount that reflects the total losses associated with the crash. This may be necessary even if there is relevant insurance coverage, as many severe accidents are not entirely covered by an insurance claim. A criminal case brought by the government is for the purposes of punishing the person responsible, rather than paying the victim. While it is possible that there is court ordered restitution for the victim as part of a criminal sentence, these amounts tend to be too small or difficult to collect to make much of a difference. 

Injury lawyers in Florida

Rosenberg Injury Law assists people in Boca Raton, Florida with their accident lawsuits and the process to receive compensation for their injuries. Anyone who needs help from a licensed attorney can call the firm to arrange a meeting and discuss their issues. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

What kinds of problems can emerge during the auto insurance claim process in Louisiana?

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Baton Rouge, LA – Insurance policies can be confusing, because companies will only cover very specific types of losses included in the policy. That means if a person gets into an accident, their losses may only be partially covered or not covered at all depending on the damage and what kind of insurance they paid for. Due to the complexities of dealing with various problems caused by a car accident and the insurance process, legal advice should be obtained by anyone who is having issues. 

Insufficient coverage

Most standard liability policies cover between ten and twenty five thousand dollars worth of damage to property or for bodily injuries for an accident. It is certainly possible that a driver is involved in an accident that ends up being much more costly for a variety of reasons. However, the insurance provider will only pay out the amount given in the policy, and nothing more. 

Claim denials 

Some insurance companies simply deny claims, even if it appears that the damage in question should be covered. At times, this is an honest mistake that can be corrected, other times the companies are too heavy handed in their fraud prevention measures, which causes legitimate claims to be rejected. Review by a lawyer is usually the best option in this situation. 

Particular damage is not covered

A driver is only required to carry basic liability insurance. There may also be cases where the car needs to have collision insurance if it is financed by a bank or loan. This situation leaves the possibility that anything from theft, to severe weather or pest damage will not be covered unless the driver has purchased an additional comprehensive coverage policy. Due to the increased costs and low likelihood of this kind of damage, many drivers choose to not pay for comprehensive coverage or similar insurance policies that can start to become expensive without offering a return. 

When it may be best to not file a claim

If there is an accident with very minimal damage and no injuries that required medical treatment, it may be best to move on. The insurance company will usually try to recover any money that they have paid out through increased rates. This means that a claim that gives a driver a few hundred dollars could end up costing them much more in higher insurance costs over the next few years. 

Help from auto accident attorneys in Louisiana

Miller, Hampton, and Hilgendorf are experienced lawyers who handle all aspects of car accident lawsuits. Anyone who needs help with receiving compensation after their collision can contact the firm to learn more about insurance and related issues. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com