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What to do if a defect in the road causes an accident in West Virginia?

April 1, 2021/0 Comments/in Legal News /by jennifer

When a defect in the road causes a car accident, those involved may be entitled to recover compensation from one or more parties depending on who was liable for the defect. Roads should be maintained so that they are safe to travel on and don’t pose as a threat to the safety of the travelers who utilize them. If a roadway contains a defect such as a pothole, large crack, or even a missing guardrail, there may be a few parties a victim can sue for damages.

Who is liable for road defects?

It all depends on the agency that is responsible for maintaining the road and the type of defect that caused the accident. For example, if a large pothole caused a collision and the City was responsible for overseeing roadway maintenance, then a victim may be able to bring a claim against the City.

In the event a road was missing a guardrail and the company that was hired to install them forgot to put one or more up, then the company may be liable for the accident. In order to determine liability in a motor vehicle accident that was caused by a roadway defect, it is best to have a West Virginia car accident lawyer assess the case. An attorney will be able to review the evidence and circumstances surrounding the accident to determine who is liable and if the victim has the grounds to sue.

Timeline to File a Lawsuit for an Accident Caused by a Roadway Defect

When a roadway defect is responsible for causing an accident that resulted in injuries being suffered, a lawsuit may be brought against a city or another agency. For most car accidents, a victim has two years from the date of their accident to file suit.¹ This timeline is referred to as the statute of limitations.

Now, it is important to note that if a claim is being brought against the city where the accident transpired, then the timeline may differ significantly. In addition, a victim may be required to follow a different process than they would if they were suing another driver or even a company.

Kaufman & McPherson, PLLC is Here to Address Legal Questions and Concerns After a Motor Vehicle Accident

Roadway defects are not only known to cause severe damage to a person’s vehicle, but they can also cause an individual to suffer serious injuries. If an individual was injured in an accident in WV that was caused by a pothole or another type of roadway defect and they would like to find out if they have a case, they can contact Kaufman & McPherson, PLLC to receive an initial consultation.

The West Virginia car accident attorneys at Kaufman & McPherson, PLLC have been helping accident victims for over 30 years navigate the legal system and obtain the compensation they deserve. The firm has a long track record of success and is ready and available to help the next individual whose life has been impacted by the negligence of another.

Kaufman & McPherson, PLLC can be reached at:

16 Sterling Drive, Suite 205

Bridgeport, West Virginia 26330

Phone: 304-449-5161

Website: www.wvattorneys.com

Source:

http://www.wvlegislature.gov/wvcode/ChapterEntire.cfm?chap=55&art=2&section=12#2

Do Trucks Have to Drive in a Certain Lane?

April 1, 2021/0 Comments/in Legal News /by efigueira

If you’ve ever been stuck behind a slow-moving truck on the highway, you know that this can be a very frustrating experience. This situation can quickly become much more stressful if the slow-moving truck causes an accident. Things can become seriously dangerous when trucks drive in the fast lane (the left lane) and refuse to move out of the way. As frustrating as this can be, it’s actually quite common in Pennsylvania. So common, in fact, that the Keystone State has created laws to discourage this from ever happening. But are these laws really enforced? What happens if you get into an accident because a truck breaks these laws?

If you have been involved in a truck accident in Pennsylvania, it’s important to connect with a qualified attorney as soon as possible. With the help of an experienced personal injury attorney, you can take legal action against anyone who was negligent, including irresponsible truck drivers. Team up with a lawyer who specializes in truck accidents, and you can give yourself a much better chance of a positive legal outcome.

What Do Pennslyvania’s Laws Say About Proper Lane Usage for Trucks?

The laws on proper lane usage for trucks in Pennsylvania are quite clear. If a truck is carrying a load of more than 10,000 pounds, it cannot use the left lane. Note that this only applies to highways in which there are three or more lanes going in the same direction. Semi-recent court rulings confirm that this applies to all drivers of large commercial vehicles. The penalty for this infraction is quite light, and drivers may only face a fine of $25 if they’re caught.

Are these Laws Actually Enforced?

One of the most frequent complaints about this law is that it’s not actually enforced. Police can’t patrol every stretch of the highway, and many truck drivers violate these laws without ever being caught.

What if a Truck Causes an Accident While Traveling in the Left Lane?

If a truck causes an accident while traveling in the left lane on a highway with more than three lanes moving in the same direction, there is a strong chance they will be considered at fault. This clear negligence can be easily established in court, and you can make a case that their ignorance of the law directly led to your injuries. While Pennsylvania is a “no-fault” car insurance state, establishing fault may be important if you have suffered serious injuries, and wish to move ahead with a lawsuit against the negligent driver.

Enlist the Help of a Qualified Attorney Today

If you’ve been searching Pennsylvania for a qualified, experienced personal injury attorney, look no further than Frischman & Rizza, P.C. We can help you get the compensation you need to cover your injuries after a truck accident. These accidents can be incredibly traumatic, and you deserve the opportunity to take legal action against those responsible. Reach out today, and we can develop an effective action plan together.

Frischman & Rizza, P.C.

7300 Penn Ave, Pittsburgh, PA 15208
(412) 291-3977

Do all car accident cases in West Virginia have to go to trial?

April 1, 2021/0 Comments/in Legal News /by jennifer

Not all car accident cases go to trial. In fact, some are settled long before the trial date is scheduled for.¹ One of the reasons why many cases do go to trial, however, is because the victim is unable to reach an agreement with the at-fault party.

When a Trial Can Be Avoided in a Car Accident Case

A rial can be costly and there is no guarantee that a car accident victim will be awarded the compensation they believe they are due. It can also take time for a case to make it to trial. These are only a few reasons why individuals often look to get their case settled before their case makes it that far along in the lawsuit process.

In order for a car accident case to settle before trial, all parties involved need to come to an agreement on how much the victim should be awarded. If a car accident victim filed suit against the insurance company because the carrier believed the amount they were seeking was unreasonable, the two must meet somewhere in the middle before the case can be settled. If they cannot, a trial is inevitable.

In the event a car accident victim files suit against a company or individual in an effort to recover damages for the various ways in which the accident has impacted their life and livelihood, they too must come to terms with the party they are suing if they want to settle their case before having to take it to trial.

How can a West Virginia car accident lawyer help a victim avoid trial?

Attorneys that are skilled in car accident law are familiar with tactics that can be used to try and get their client’s case settled early on in the lawsuit process. One of these tactics is negotiating. A West Virginia car accident attorney will use their ability to effectively negotiate with the at-fault party to try and get them to either agree to pay what their client is seeking or come close to an amount that is fair and reasonable.

Although this can take time as it does involve a lawyer having to go back and forth with the at-fault party, once the case settles, it can then close.

Should a trial be avoided in a car accident case?

There are times when it does benefit a car accident victim to allow their case to run its course and go to trial. For instance, if the at-fault party isn’t willing to accept responsibility for their actions or agree to pay the victim a reasonable amount, then an individual may be able to obtain what they are due or close to it simply by going to trial. In some cases, it can also benefit them to request that a jury be present.

Because most car accident victims are unaware of when they should settle their case and for how much, or if they should go to trial, it is best that they retain an experienced West Virginia car accident attorney who can help them make an informed decision.

The WV car crash lawyers at Kaufman & McPherson, PLLC dedicate themselves to protecting the rights of the clients they represent and would be happy to help anyone who is in need of legal advice and guidance following the occurrence of a car accident.

Kaufman & McPherson, PLLC can be reached at:

16 Sterling Drive, Suite 205

Bridgeport, West Virginia 26330

Phone: 304-449-5161

Website: www.wvattorneys.com

Source:

https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/cases_settling/

Can I Sue Someone For Sending Me Rude Text Messages in New Jersey?

April 1, 2021/0 Comments/in Legal News /by efigueira

When we think of sexual harassment, we usually think of unwanted sexual advances, touching, or maybe sexually aggressive comments.

But with the COVID-19 lockdowns, working from home has replaced the regular social dynamics of the office and workplace. Since the beginning of the COVID-19 pandemic, complaints of physical sexual harassment have gone down, but digital forms of sexual misconduct have gone up.

Everything that was happening in person has now made its way to emails, text messages, phone calls, and social media. The good news for victims is that the laws on sexual harassment don’t become null and void just because it’s on a screen or over the phone.

If you’ve been sexually harassed via a rude text message or email in New Jersey, know that what you’ve been through is illegal and that you may be entitled to compensation. To see what kind of compensation you’re entitled to, get in touch with an experienced New Jersey sexual harassment lawyer today and explore your legal options.

Is sending rude text messages illegal?

Unsolicited text messages with nudity or graphic sexual wording is considered a form of hostile work environment sexual harassment. The key thing to prove in a complaint or lawsuit over this scenario is that the messages were unwanted. Oftentimes, somebody will file a complaint for sexual harassment, but the courts discover that the plaintiff was in a relationship with the defendant. On the other hand, the court might discover that the defendant had no way of knowing that the messages were unwanted. This type of thing hurts a plaintiff’s chance of proving that the messages were indeed “sexual harassment.”

If you’re dating a coworker and you tell them you love them, you likely won’t be able to sue them for sexual harassment if they send you sexual text messages the next day.

What about if they tried to bribe me?

If your boss, manager, or someone higher up than you tries to pressure you into a sexual relationship in exchange for you getting some type of job benefit, like a pay raise or promotion, this is called ‘quid pro quo’ sexual harassment. This scenario is also illegal and is one of the main, common types of sexual harassment cases, and often happens via text message.

How do I file a lawsuit against someone for doing these things to me?

If you’re wondering if what happened is lawsuit-worthy, you can always get in touch with a New Jersey-based sexual harassment lawyer. Otherwise, anyone who wants to file a sexual harassment suit must first file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident you experienced.

Do you need help with a sexual harassment lawsuit in New Jersey?

Don’t hesitate to get in touch with an experienced New Jersey sexual harassment lawyer. Seasoned attorneys are waiting for you in almost every town in the state, including Camelot.

How does a spouse prove abandonment to get a divorce in New York?

April 1, 2021/0 Comments/in Legal News /by brian

Brooklyn, NY – New York retains many legal reasons to end a marriage that are not used as frequently as no fault divorces. One traditional reason for fault based divorces was when a spouse left and essentially disappeared for an extended period of time to avoid their family. The legal term for when one of the spouses leaves and does not come back is abandonment. Before a court will grant a divorce for abandonment, there must be evidence presented that meets certain requirements.

Grounds for abandonment

The primary way abandonment is shown in New York is to prove that one spouse left the marital home and did not return for at least one year. If the couple did not have any kind of sexual contact for at least one year this can also be considered abandonment. Depending on the facts, there are also other situations where the couple did not live together or was separated that may be considered abandonment as well.

There are also exceptions to these rules. A spouse who has been deployed with the military for over one year cannot be considered to have abandoned their marriage. If there was no intent to get away from the marriage such as extended travel for work or business purposes, this will not be considered abandonment either.

The alternative of no fault divorce

If the couple cannot meet these standards for a divorce by abandonment, a no fault divorce is still available to them. This means that a couple can simply say that they have differences which cannot be resolved and they desire to separate. After the couple shows they meet residency requirements in the state and certain procedures are completed, the judge will issue a final order ending the marriage without fault based grounds.

Each situation should be examined by the person getting a divorce with an attorney before deciding on a definite course of action, as the specific facts surrounding the couple determine which course of action is appropriate.

Reasons to end a marriage through abandonment

As a strategic matter, the spouse who remained with their family obligations and children will receive much more favorable treatment from the courts. If the spouse who left cannot be found at all, the other party may receive a default judgment regarding property division and many other important issues, which can end the case quickly.

Learning more about divorces and similar problems

Elliot Green is a family attorney who helps people in Brooklyn with their divorces, child custody issues, alimony and child support payments, as well as related issues. Advice from his firm is beneficial to anyone who requires assistance in family court.

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

Is it possible to sue for Sexual harassment in New Hampshire?

April 1, 2021/0 Comments/in Legal News /by efigueira

If you’ve been the victim of sexual harassment in the workplace, it may be tempting to ignore it, put it off, or keep it a secret. Many victims end up doing this because they feel embarrassed or afraid to lose their jobs.

Sometimes it’s difficult to even tell if what happened was illegal or not, and sometimes it may seem like it’s impossible to prove. Regardless of your situation, it’s important to know that sexual harassment is illegal at both the state and federal level. It’s possible that whoever harassed you may be liable for damages, and you can make sure they face legal consequences. As a victim, you also may be entitled to compensation.

If you’re wondering whether or not you have a legitimate case or not, get in touch with an experienced New Hampshire sexual harassment lawyer right to explore your legal options.

Are there laws against sexual harassment in the workplace?

Under Title VII of the Civil Rights Act of 1964, discrimination in basically every employment circumstance on the basis of race, color, religion, gender, pregnancy, or national origin is prohibited. Thus, sexual harassment is considered discrimination based on gender. This law applies to all companies in the public and private sectors with 15 or more employees.

Most states also have their own state-level laws that prohibit sexual harassment. New Hampshire has the New Hampshire Law Against Discrimination which has virtually the same statutes as the Civil Rights Act but exists on the state level. It also applies to all employers in both sectors with 6 or more employees instead of 15. The law prohibits “employment discrimination based on sex, gender identity, or sexual orientation, including sexual harassment” (NH Rev. Stat. Sec. 354-A:1 et seq.).

How do I know if what happened to me was illegal?

You can ask yourself which one of these two scenarios best fit your situation:

Quid pro quo
Hostile work environment

Quid pro quo is when sex is used or implied by a higher ranking person in a company or organization on someone below them. It’s when they try to exchange job benefits for sexual favors. For example, the CEO of a company telling his personal assistant that he’ll give her a promotion if she performs a sexual act on him

“Hostile work environment” is when someone is subject to behavior that creates a hostile work environment for them. This could be something like:

Rude lewd comments
Unwanted sexual touching or advances
Indecent exposure
Spying
Stalking

How do I file a lawsuit for sexual harassment in New Hampshire?

Anyone trying to file a lawsuit for sexual harassment in the workplace must first file a claim with the Equal Employment Opportunity Commission (EEOC) within 300 days. This process doesn’t require a lawyer, but you will have a much better shot at winning compensation if you do have one.

Whether you’re in Albany or Bartlet, experienced New Hampshire sexual harassment lawyers are ready to assist you.

Traffic Stops Can Be Dangerous in Colorado

April 1, 2021/0 Comments/in Legal News /by efigueira

When police officers make decisions, they are supposed to rely on a variety of resources: cadet training, police department policies, public and personal safety, a solemn vow to serve and protect the public, and more. When human beings make decisions, we may rely on experience, knowledge, training, and/or instincts to make choices. When adrenaline is running high, which it does in dangerous situations, our instincts can take over. When instincts drive decision-making for police officers, personal bias may play a part in their decisions. When personal bias includes racism, racism can end up influencing a police officer’s decision-making.

In Colorado, as in many other states, some police officers seem to make decisions that indicate a personal bias against minorities. The longer this type of personal bias is allowed to affect police officer actions and decision-making, the longer minority groups will be marginalized by police departments.

Four Girls, Aged 6 to 17

How would you feel if your four daughters, aged 6 to 17, were stopped by Aurora traffic police while driving your car and accused of having stolen the vehicle? If the police officers pointed guns at your children and made the girls get out of the car and lay face down on the side of the road? If two of your daughters were put into handcuffs while lying prone? And then it turned out to be a mistake. The police officers were looking for a motorcycle that had the same license plate number.

Elija McCain

What would you do if your son was stopped by police officers while walking down the street because he was wearing a ski mask (in Colorado) and dancing to music on his headphones? Elija McCain had Raynaud’s syndrome, a blood circulation disease, and the ski mask helped keep him warm. In 2019, Aurora police officers were called about a man in a ski mask waving his arms. While listening to music on his headphones, Mr. McCain was stopped by police officers for “being suspicious.” He asked the officers to leave him alone and to respect his boundaries. So the officers tried to put him in an (outlawed) chokehold, and then paramedics injected him with an excessive amount of ketamine. Mr. McCain went into cardiac arrest and died three days later. No crime had been reported, and no crime had been committed by Mr. McCain.

Change Is Needed

Twenty-twenty was a year that demanded recognition of the inequality of police service in some minority communities and of the racism evident in some police departments. Before any meaningful change can occur in Colorado police departments, they and the public must admit that there is a problem with bias and with the use of excessive force.

Getting Help

If you or a member of your family has suffered from excessive force used by police officers, you deserve to see justice served. A lawyer who specializes in police brutality cases can help.

Is it necessary to hire an attorney following an accident with a commercial truck in Florida?

April 1, 2021/0 Comments/in Legal News /by jennifer

Fort Lauderdale, FL—Hiring a truck accident lawyer isn’t necessary after an accident but it certainly is an option victims should consider. Accidents involving large commercial trucks often end with severe injuries and costly property damage. Many victims are unable to return to work or do the things they once could with ease.

When a truck accident victim’s life has been upended by a negligent driver, they should be provided with financial relief that can help them afford medical expenses and cover their lost wages. In addition, they should receive compensation to make up for how the accident has impacted their life. Truck accident victims who are looking to obtain financial relief may be able to do so by filing an insurance claim or by filing a personal injury lawsuit.

But here’s the catch. They may need to show it was the truck driver’s negligence that caused the accident. To do this, certain records will need to be obtained, and this is where it can truly benefit to have a Fort Lauderdale, FL truck accident lawyer working on a victim’s side.

Proving Liability in a Truck Accident Case

Insurance companies and trucking companies aren’t going to provide a victim with financial relief simply because they say they suffered a severe or permanent injury or because they can no longer work and bring in a steady income. They need to show it and identify how the trucker’s behavior contributed to them suffering these injuries. Because truck drivers are held to a certain standard, a victim can start collecting evidence by looking at what rules or regulations were violated.

Some common safety regulations that are violated by truck drivers include:

The driver made an improper turn. The operators of large trucks are expected to make their turns in a way to prevent them from rolling over or hitting another vehicle.
The driver was not properly licensed or qualified to drive. In addition to having a CDL, or commercial driver’s license, truck drivers must pass certain tests, including medical evaluations before they can drive.
The driver fell asleep at the wheel. Truck drivers are only permitted to operate their vehicles for certain periods of time. These periods are often determined by the truck’s size and the type of load that is being transported. The rules that outline how long a truck driver has to operate a commercial vehicle in a single shift are referred to as the hours-of-service rules.

Proving a truck driver was negligent isn’t always an easy thing to do. Companies sometimes try and cover up their drivers’ mistakes or hide records that contain evidence that supports the victim’s case. Therefore, it is recommended that individuals retain a Fort Lauderdale, FL truck accident attorney after they have been involved in a wreck.

If an individual is looking to discuss their accident with a qualified truck accident attorney in Fort Lauderdaleor is ready to hire someone who can help them fight for the compensation they are due, they can contact Madalon Law at 954-923-0072.

You can reach Madalon Law at:

100 N. Federal Highway, #CU5

Fort Lauderdale, FL 33301

Phone: 954-923-0072

Website: www.madalonlaw.com

What is Florida’s implied consent law and how does it affect DUI cases?

April 1, 2021/0 Comments/in Legal News /by brian

Fort Myers, FL – All drivers in Florida are required by law to take a chemical test when asked by law enforcement after an arrest. This is printed on all driver’s licenses in the state, and it is known as the implied consent law. A driver who has been charged should consult with their attorney to see how this law may be applied in their case or affect the outcome.

The implied consent law and driving privileges

The state’s implied consent law says that a person has agreed to a test for the presence of alcohol or drugs in their body by a police officer in exchange for driving privileges. The main reason that this law exists is so that the state can prosecute people who refuse a breath, blood, or urine test even if they do not have the chemical test results to prove that the person was intoxicated. The implied consent law also makes a prosecutor’s job easier, as once the test has been collected, there is less room for a defense if the results clearly show that the person was impaired by alcohol or drugs.

Because this law is stated on the person’s driver’s license, the suspect will have their driver’s license suspended immediately after refusing. Aside from the administrative suspension for a refusal, the criminal case for a DUI refusal has most of the same penalties as a standard DUI case where a chemical sample was collected.

Reasons for a DUI refusal

There are many reasons why a suspect would refuse a chemical test during a DUI investigation. In Florida, a suspect is already under arrest when they are brought to a police station to take the test. This means that regardless of the results, the suspect is not released or set free. In a general sense, the state only conducts the test to provide additional evidence, while probable cause for the arrest is based on what the officer has already observed while at the scene.

For these reasons, many defense attorneys have advised their clients to refuse a test if they know they have been drinking or using drugs, as in some situations taking the test will only make it easier for the state to prove the charges with concrete chemical evidence of impairment. In some cases, it may be better for the suspect to simply take the refusal charges.

Retaining a local lawyer for help with criminal charges

Michael Raheb is a trusted attorney who defends local clients against the state’s DUI charges in the Fort Myers area. After being arrested, it is crucial for defendants to get legal advice and prepare a defense case as soon as possible.

Firm contact info:

The Law Offices of Michael M. Raheb, P.A.

2423 First Street, Fort Myers, FL 33901

866-949-0888

www.michaelraheb.com

Can Louisiana residents who have received a cancer diagnosis file an AFFF legal claim?

April 1, 2021/0 Comments/in Legal News /by nora

Louisiana – March 31, 2021

Toxic chemical-based firefighting foam, also known as aqueous film forming foams (AFFF) have a history of effectiveness in extinguishing petroleum and jet fuel fires. Because of the industry surrounding Louisiana, its residents, petroleum workers, plant workers, and firefighters may have been exposed to AFFF toxins in higher amounts, and for prolonged periods of time compared to other U.S. Communities. Despite harmful toxic exposures, AFFF has been used for decades. Occupational risks are higher for military firefighters who used the foam without knowing the risks of exposure decades ago. The common cancers associated with AFFF exposure include kidney, testicular, and pancreatic cancer in firefighters who were regularly exposed to the foam. If individuals, or loved ones are diagnosed with any of the associated cancers, due to use of the foam, or through contaminated drinking water, they should seek legal counsel to discuss the possibility of compensation for harmful damages.

Residual danger to groundwater.

Utilization of AFFF during firefighting activities involve ground saturation when the firefighting foam is sprayed over the ground. It can be absorbed into the ground through the dirt contaminating the groundwater that becomes part of community drinking water. Despite the decrease, or cessation of AFFF firefighting foam use, which has been banned in many states, and its phasing out of military use, the harmful effects and health risks remain due to previous high level use and the inability of PFOA and PFOS chemicals to break down in the environment, or in an individual’s body. Environmental attorneys at Stag Liuzza can build a case to secure damage awards utilizing legal remedies against harmful illnesses when proven exposure may be the cause.

Cancer.

About one in three people are diagnosed with cancer at some time in their life, and about one in five dies of cancer. Most cancers develop slowly and can appear any time spanning 5 to 40 years after exposure to a carcinogen. Victims should speak to an experienced toxic exposure attorney if they believe there is a direct relationship between a cancer diagnosis and AFFF, or PFAS exposure. The five most common forms of cancer from Louisiana data sets reveals it as frequent for prostate, breast, lung, colon, and kidney.

Toxic chemical transparency.

Experienced environmental attorneys understand the responsibility of oil refinery, airports, and manufacturing plants to initiate and make transparent the danger of toxic chemical use, and to complete pre and post-cleanup activities to lessen toxic exposures in drinking water. If they fail to do this, negligence may be proven to support a claim for illness related to toxic exposure from AFFF.

Talk to an attorney.

Attorneys at Stag Liuzza can review a case when illness has been documented and believed to be the result of AFFF exposure, or related PFAS exposure from drinking water. They can build a case for negligence in many cases toward the recover of necessary monetary compensation.

STAG LIUZZA, LLC

One Canal Place
365 Canal Street
Suite 2850
New Orleans, LA 70130

Ph: 504-593-9600
Fax: 504-593-9601

Sources.