Wrongful Death Lawyer

 Did you know that, in 2019, there were 5,237 large trucks and buses involved in a fatal crash?  Moreover, did you know that from 2016 to 2019 the number of injury crashes involving large trucks increased by 13% (from 112,000 in 2016 to 127,000 in 2019)?  As most everyday drivers know, driving next to semis and other large trucks increases anxiety and fear from other non-large truck drivers – as these statistics show, deservedly so.  Interestingly, the question arises, why has there been an uptick in accidents in recent years?  While most would agree to disagree on the root cause, one interesting possibility is that of the “chameleon carrier.” 

What is a chameleon carrier?

A “chameleon carrier” is an FMC that attempts to mask noncompliance of safety regulations by creating (i.e., a new US MC Dot Number) or using an affiliated company under common operational control.  They do this by shifting customers, vehicles, drivers, etc. to an affiliated company when the FMCSA places the other out of commission.  FMCs often do this to avoid payment of civil penalties, loss of revenue, and compliance with applicable statutes or regulations. 

Federal Motor Carrier Safety Standards

All Federal Motor Carriers (“FMCs”) must meet certain safety standards set forth by the Federal Motor Carrier Safety Act (“FMCSA”).  49 CFR § 385 enables the FMCSA to suspend or revoke the operating authority registration of for-hire motor carriers – i.e., chameleon carriers – that disregard safety compliance; permit persons showing disregard for safety compliance to control operations; or operate multiple entities under common control to conceal noncompliance with safety regulations.  This rule was enacted to enhance the safety of commercial vehicle operations on United States highways.

Determining Legality

49 CFR § 385 uses a two-part framework to determine whether FMCs are operating illegally.  The first part determines whether the FMC has failed to meet safety standards and has attempted to conceal such noncompliance.  If the first part is found, then the FMCSA evaluates the facts surrounding the conduct to determine whether the FMC has engaged in a pattern of safety violations and is using other entities under common control to avoid or mask the noncompliance.  After weighing specific factors, if the FMCSA determines that the FMC has engaged in such conduct, the FMC may have its operating authority registration revoked and may be subject to civil or criminal penalties. 

FMCSA’s 49 CFR § 385.5 establishes a safety fitness standard.  The safety fitness standard requires that an FMC demonstrate it has adequate safety management controls in place that function to ensure acceptable compliance with applicable safety requirements to reduce the risk of collisions and injury on United States roadways.

An Example of Failure to Meet Safety Standards

For example, imagine an accident resulting in a fatality occurs on the I-15 South – the highway runs through Las Vegas and down into the Southern Valley of California. Imagine further that a large truck driver has just gotten back on the road after driving 12 hours the day before with no rest stops, and had a 6-pack at lunch. While attempting to merge onto the freeway, the truck driver cuts off a family making their way to San Diego.  As a result, the family car swerves to avoid the incoming semi, loses control and overturns (rolls over), and two of the family members pass away, and the other two are in the hospital with serious injuries. Further imagine that this was not the first time the truck had an incident like this and had just failed to meet the safety fitness safety standard and created a new US MC Dot Number in order to keep operating – illegally.  What happens? 

Here, the FMC, and the driver specifically, is acting in violation of 49 CFR § 385.5(c) – the improper use and driving of motor vehicles.  This section is governed by the FMCSA’s 49 CFR § 392. More specifically, 49 CFR § 392.4(a)(2) prohibits a driver on duty to possess or be under the influence of any substance.  Here, the driver was on duty and under the influence of alcohol when the injury occurred.   Therefore, the driver violated 49 CFR § 392.4(a)(2). 

The FMCSA, when applying its two-part test to determine whether this company adequately met the safety standard, would likely find the factor from 49 CFR § 385.7 (b) – the frequency and severity of regulation violations – determinative.  This is because the driver violated 49 CFR § 392.4(a)(2) – a severe regulatory violation, not only on this occasion, but also on a prior occasion which resulted in the failure of adequately meeting the safety fitness standard.  Thus, the driver and the company could be liable for extensive penalties. 

So, while there are remedies for a situation like this, the best way to prevent it is to stay alert while driving – stay safe out there!

Thanks to Eglet Adams – well-regarded wrongful death lawyers – for their insight on Chameleon Carriers. 

The purpose of probate is to serve as a legal process where the authenticity and validity of a will is determined. Probate may entail the administration of a will, or the estate of someone who passed without a will. After a person with assets dies, the court would approve an executor as named in the will, or appoint an administrator for the process of probate if no will is present. Probate involves the collecting and transferring of the deceased’s assets, so that liabilities can be paid and remaining assets distributed to beneficiaries. 

When the owner of property passes away, their assets are often reviewed by probate court, who enforces the final ruling on distribution and division of the estate to beneficiaries. A probate process will usually start by analyzing whether the deceased person has left behind a legally-binding will. The deceased may have written an estate plan, which would contain instructions for how they want their assets to be given away after death. But in some instances, there is no will. 

A person who dies with a will written is called a testator, and when a testator passes away, their appointed executor will be responsible for petitioning the probate process to begin. The executor can be a family member, close friend, or estate planning professional. However, the executor does not have to be someone with experience in estate planning. The person you choose should at least be trustworthy so they will act in the best interest of your estate later on. 

As a probate lawyer Knoxville, TN families depend on from Carpenter & Lewis PLLC can attest, the last thing you want is an executor who is reckless or refuses to ask for help and makes mistakes, causing the estate to suffer. Beneficiaries of your estate may even feel the need to file a complaint with the court if they observe the executor acting in bad faith and against their fiduciary duty. The court has the power to remove an executor from their role and appoint someone else to replace them. 

One of the many duties an executor must perform is filing the will to the probate court. Depending on the state you reside in, there are various rules for how long you have to file the will after the estate owner has passed. Filing the will initiates the process of probate. The executor must estimate the estate value and hire appraisers if they need to, in addition to communicating with beneficiaries about what is happening with the estate. An executor may have to keep record of all financial transactions and send these to beneficiaries periodically. 

Probate sees to it that someone’s lifetime legacy is handled with respect and diligence. As a team member from Carpenter & Lewis PLLC can attest, the purpose of probate is used to help ensure that someone’s after death wishes are followed, and if there are no instructions left behind, then the court may oversee its distribution and close the estate once complete. 

When you have been riding your bike for months or years, you may come to expect that a bad situation can happen. Perhaps you bike over a bumpy road and fall off your bike. On the other hand, someone may be exiting their car and open their car door on you as you are riding by. Or, someone driving their car may cut you off or veer into your lane causing you to get hit or forcing you off the road. While bicyclists know it is important to look out for these situations, it is also important to know that just because these things happen does not make it okay. In fact, if you begin the claims process for an injury you sustained riding your bike, an insurance company may make you feel like you are exaggerating your injuries. After all, aren’t accidents on a bike par for the course? Absolutely not and they can be avoided if others on the road take better care. 

Why You Should File a Bicycle Accident Claim 

It is imperative that you do not let an insurance company make you feel like you are doing the wrong thing by filing a claim. Just because accidents are more common on bicycles does not mean that they should happen. When a car driver, pedestrian, or other cyclist is not taking care on the road and they cause you to get into an accident that injures you, you should feel confident in filing a claim with the help of a lawyer, like a bicycle accident attorney in Anaheim, CA from a law firm like Glotzer & Leib, LLP.

Why is it important to hire a bicycle accident attorney? 

When you are suffering from injuries that you sustained from a bicycle accident, it is important that you hold the negligent party accountable. Bicycle accident cases can be tricky, especially when the other party’s insurance is pointing the finger back at you. The insurance agent will likely try to shift part of the blame on you, get you to say something in a recorded conversation that they can use against you, or claim that your injuries are not as bad as you are saying they are. 

Can I explain to the insurance agent that I’m severely injured? 

A lawyer will not recommend that you try to explain your side of things to an insurance company. Even if you believe that you have indisputable proof that the other party injured you in your bicycle accident, the insurance agent went through training to learn how to use what you say against you and to learn what to pick out from your conversation that will benefit their argument. It is best to bring your evidence to a lawyer you can count on and let them handle the insurance agent. 

Who should I call? 

When you are ready to move forward with a bicycle accident claim, do not feel that you should go through this legal process alone. Instead, reach out to a local law firm to see what they can do for you while you are recovering.

From a moral perspective, it is very easy to understand the difference between intending to keep a promise but failing to keep the promise, and blatantly lying when making a promise with the secret intention to never fulfill the promise. People are naturally much more offended and shocked by the latter scenario, so it is not surprising that many jurisdictions treat breach of contract differently when a promisee can prove that a promisor intended to breach the contract at the time of making the promise, something known as promissory fraud according to our friends at Mughal Law Firm.

Some jurisdictions apply punitive damages for promissory fraud. If a promisee can prove the fraudulent intent of the promisor never intending to perform the contract at the time of the contract, then in a addition to the court awarding monetary compensation for the value of the breach, the court may also award additional money as a means of punishing the promisor, not just for the compensation of the promisee. 

Proving intent for promissory fraud might sometimes require showing that many usual excuses of non-performance of a contract do not exist in a particular situation. Other requirements that jurisdiction might have for proving intent in promissory fraud is consistent behavior on non-performance, such as a warehouse promising to deliver inventory to retail stores for money up front, but never delivering inventory for to any retailer and serially moving from retailer to retailer offering inventory while never having delivered to any retailer. Another method of proving intent for promissory fraud might be showing that there has not been any change in circumstance that would result in additional difficulty upon the promisor in fulfilling their promise. Usually when a promisor intends to execute a promise in good faith initially but then later eventually breaches the contract, there is some change in circumstance that makes fulfilling the promise more difficult than the original circumstances in which the promise was made.

A 1928 case before the Supreme Court of Virginia known as “Lloyd v. Smith” examined the issue of when breach of contract cases can discuss the issue of fraud. The case famously sets a high bar for claims of fraud because the court felt that the alternative would turn every breach of contract case into a fraud case. 

If you believe that you may be a victim of promissory fraud in addition to breach of contract, you may want to consult with an experienced contract lawyer in your area.

Probably nothing turns your world upside down faster than being arrested – especially if you know you’ve done nothing wrong. But even if you had made a mistake, we are only human, and are prone to being lawed. During your arrest, you may feel embarrassed, and so vulnerable. You may be wondering, do I have any rights at all? Yes, you do. 

First, you have your Miranda rights, where officers are required to tell you these rights any time they arrest you. You’ve probably heard them numerous times on TV “cop shows.” To review, your Miranda rights consist of the following:

• You have the right to remain silent
• You have the right to an attorney
• What you say to the officer may be used against your case later in court
• If you are unable to afford an attorney, one can be appointed for you

Understanding Your Miranda Rights

Not only must officers read you these rights when they arrest you, they must ask you if you understand them. If English is not your native language, do not hesitate to tell the officers no, you don’t understand. They are then required to bring in an interpreter to tell you these rights in your native language. If your arresting officer did not inform you of your rights clearly or in its entirety, tell your lawyer right away.

Your ADA Rights

What most people don’t realize is that they have a second set of rights when arrested if they’re a person living with a physical, emotional, sensory, or cognitive disability. By law, officers are required to accommodate any disability you may have. Specifically, these accommodations include the following:

• Communicating with you in a non-threatening manner
• Diffusing the situation by giving you the opportunity to calm down
• Assessing whether you are a threat to them or yourself
• Providing you with emergency medical services if you need them
• Providing a sign language interpreter or assistive devices if you’re hearing impaired
• Not depriving you of your wheelchair or other assistive mobility devices
• Not depriving you of your cane if you’re visually impaired and need it to navigate your surroundings
• Not depriving you of your prosthetic limb if you wear one
• Explaining to you what they’re doing and intend to do if you’re visually impaired
• Transporting you in a vehicle that most accommodates your disability
• Providing adequate transportation for your service animal if you have one
• Carrying out all arrest, transportation and booking procedures in the most compassionate and non threatening ways possible

Submitting to Arrest

Whether able-bodied or disabled, you should always submit to an arrest, even if you think it’s an illegal arrest. As a DUI lawyer San Francisco CA residents depend on from Morales Law Firm would advise, in the moment of your arrest is not the time to argue with officers. If you do, you may find yourself charged with resisting arrest in addition to your other charge(s).

If you have ever been involved in an automobile accident, you probably already know that car accidents can be extremely traumatic — so much so that you may have called a Chicago car accident lawyer. In addition to the physical pain, you will likely experience emotional trauma, and your financial situation may suffer as well due to high medical expenses and lost wages from missing work due to injury. There are many types of injuries that can occur during an auto accident, ranging from broken bones to whiplash to more serious internal damage such as ruptured organs or severed arteries. According to our friends at Disparti Law, these are the five most common injuries that are sustained in automobile accidents.

1) Herniated Disc

A herniated disc is one of the most common injuries associated with a car accident. With this injury, pressure is applied to your spinal cord and nerves in your lower back. This can result in intense pain, stiffness and radiating down your leg. One of the symptoms will be numbness or tingling as well as shooting pains from the back to the calf.

2) Whiplash

Typically, whiplash occurs when the victim of a car accident gets jerked forward and then backwards due to an impact. Whiplash is the term for both cervical (neck) injury and ligament sprain that are caused by violent, quick acceleration and deceleration. The typical symptoms of whiplash include tingling, neck pain, pain or numbness in the arms or hands, chest pressure/tightness, nausea, ringing in the ears and difficulty concentrating.

3) Bruising

Bruising is one of the most common injuries caused by a car accident. Many times a person will feel pain, be bruised, or even see bruising from an accident hours after it has happened. Bruising can be one of the most difficult types of injuries to prove in court because many bruises are usually gone and no longer visible within days. Additionally, experts also cannot tell you how someone got hurt with just bruising to go on as it only tells you that something has happened but not what. However, there is a good chance your case could rely on having good medical records or surveillance footage with evidence that might help prove some sort of contact with another person or object.

4) Fractured Bones

Fractured bones take a long time to heal and often require specialized medical care. They can be extremely painful and will slow you down, both in your healing process and during recovery. If a fractured bone is not properly set, it can heal incorrectly and the break will not heal as well or as quickly. If left untreated, an infection can develop in the injured area which could even lead to amputation if it spreads. In addition, you are at greater risk for blood clots, blood loss, and organ damage.

Fractured bones that are not treated properly will usually take four to six months before they have healed enough for someone to walk on them without risking further injury. If a fracture is severe enough, they may need surgery which may keep them out of work for up to six months while they recover from their operation. The type of surgery needed depends on how severe the fracture is but many fractures do not require surgery and instead just immobilize the area until it heals.

5) Spinal Cord Injury

The spinal cord is often referred to as the brain’s telephone line and is situated near the base of the spine. A spinal cord injury often results in numbness or a tingling sensation in the extremities due to nerve compression. The symptoms will vary depending on which nerves are compressed and this can affect any part of the body from toes to teeth. It also impacts senses such as touch, pain, and temperature, bowel and bladder control, sexual function and muscle coordination.

If you have been in an accident, contact a lawyer immediately!