AuthorThomas Lewis

Trucking Accidents between Intrastate and Interstate Trucks: What You Need to Know

In the trucking industry, there is a big difference in being an intrastate carrier and an interstate carrier. If you ever find yourself in the misfortune of being in an accident involving an 18-wheeler, this information can be of vital importance.

An intrastate carrier is a truck that carries goods that are going from point A to point B within the state. A shipment from Savannah to Atlanta in Georgia is considered an intrastate delivery. The truck should not leave the state.

An interstate carrier is a truck that carries goods from one state to another, sometimes making stops. A truck carrying goods from Pittsburgh to Washington, DC, can make stops in Dayton, OH and Arlington VA. Additionally, there is authorization needed from Canada and Mexico if the shipment is going to either country.

The rules and regulations for intrastate and interstate carriers differ. There are also a set of regulations for tractor-trailer trucks, whether the truck is doing a partial or full delivery, and how long the driver can go without taking a rest/break. It is the responsibility of the trucking company to make sure that the truck is logged in correctly as either intrastate or interstate.   I

If any changes are made to the delivery, such as going from an intrastate to an interstate delivery, it is vital that the information is changed. Loads are insured for only what is supposed to be on the truck and sometimes trucking companies try to bypass this law.

A real important fact to know is that interstate carriers are regulated by not only the state, but a federal law called the Federal Motor Carrier Safety Regulations. While intrastate carriers are governed by state law, most states have also adopted federal laws.

 

The Special Dangers of Garbage Truck Accidents

Garbage trucks are huge vehicles that travel along the streets of any given city, picking up trash from commercial residences and businesses. The risk of being in an accident with a garbage truck is high since most trucks are allowed special privileges that the average driver is not.

While typically drivers are allowed to drive on just one side of the street, garbage trucks can drive on both sides of the street. This can be the basis of why garbage trucks are typically involved in accidents that prove to be deadly.

For example, if a garbage truck is picking up trash in a residential area during the summer when children are playing, the chance of a child running out in the middle of the street for a ball or playing in the street is high. Garbage truck drivers need to be particularly aware of this, but sometimes they are not. Other things drivers need to be aware are garbage falling off the truck and faulty wheels/brakes.

Another high-risk area of garbage truck accidents is with cyclists. Because garbage trucks usually make wide and unexpected turns, they need to pay attention to cyclists who sometimes like to weave in and around cars.

Drivers sometimes cannot see everyone that is behind them or those that speed up next to the truck at the last minute. For drivers and cyclists on the road, it is important to remember this: if you can’t see the garbage truck mirrors, then the garbage truck driver cannot see you.

Garbage truck drivers need to take some extra precautions when driving. They are supposed to drive slowly and be aware of everything and everyone around them. Because they are operating such a huge vehicle, doing such things as running red lights, making sudden turns and stops, talking or texting on a cell phone just raises the possibility of hitting a pedestrian, driver, or cyclist.

The injuries sustained by being in an accident with a garbage truck are catastrophic; people have suffered broken spines, loss of arms and legs, paralysis, head trauma, and third-degree burns.

Criminal Liability

You throw a party for family and friends to celebrate a birthday, wedding, or holiday. The drinks are flowing and everyone is having a good time, some more than others. One of your guests is clearly drunk, and yet, continues to drink. After telling you that they are okay to drive home, they get behind the wheel. An hour later, you get a phone call that they were in an accident, where passengers in the other car were injured and killed. Are you criminally liable for the accident?

According to the Pennsylvania Dram Shop Law, a place where liquor is served can be held accountable for serving or allowing an already intoxicated person to continue to drink and then causing injury or death to another person.

Pennsylvania, along with several other states, are now imposing laws that will find businesses, bars, restaurants, and even people hosting events liable for accidents due to driving under the influence (DUI) or operating under the influence (OUI) by one of their patrons or guests. Such functions may include a wedding shower, bachelor party, fraternity or sorority hazing ritual, family barbecue, and the annual office Christmas party.

The Dram Shop Law basically states that a business or place can be legally liable for the consequences of disobeying The Liquor Code. The Liquor Code states that it is unlawful to sell, give, or furnish alcohol to someone who is visibly intoxicated. Legal liability comes into play when you serve and let an already intoxicated person continue to drink.

Furthermore, if you know that a person at your home is an alcoholic and has a drinking problem (any prior convictions or arrests for DUIs or OUIs, fired for drinking on the job, or been in rehab), yet you let them excessively drink at your home, you can be held legally liable for their actions after they leave.

Cell Phone, Texting, and Auto Accidents

It is the most talked about topic when it comes to automobile accidents—using a cell phone for texting and talking while driving. In recent years, more accidents have been caused by this than any other reason. Legislation has been presented to making texting or talking while driving a crime, but the number of accidents still keeps going up.

Some states, including Kansas, have legislation in place that bans the use of cell phones while driving, especially for those under the age of 18. Some states have gone a step further and ban those under the 18 from using a hands-free device while driving, which includes bluetooths and earbuds.

When you are driving and talking or texting, you are distracted from the road. Your attention becomes focused on the person on the other end of the phone. In addition, other things such as reading the phone screen, typing responses to text messages, and listening to a conversation all can make your reaction time slower to a child, for example, darting out in front of your car.

Studies have shown that drivers that text while driving have been seen weaving in and out of traffic, running stop signs, and rear-ending cars. But this does not only apply to those driving cars.

There have been several well-publicized accidents involving school buses where the driver was texting while transporting children to and from schools. A collision in California between a freight train and a commuter train was the result of the operator of the commuter train texting and not paying attention. In this accident, 25 people were killed.

Most of the time, a driver that was found to be texting while driving will be stopped for some other reason such as speeding or going through a red light. It is afterwards that it is discovered that texting was involved. Victims of these accidents are not only being killed, but some are suffering from injuries to their brain, spine, and head.

They are becoming paraplegics and quadriplegics. The medical bills are enormous, they are losing their jobs since they have to take off from work for rehabilitation, and their life is never the same.

Corporate Flexibility Act 2011 and its Effect on Corporations

In February, California introduced a bill in the Senate that would allow corporations, including start-ups, to create a “green corporation” without being threaten with a lawsuit by their shareholders. The current law on the books in California allows shareholders to take legal action if they believe their corporation becoming environmental will affect their profits.

The new bill will allow companies to become a sort of “for-benefit” corporation, a new type of business that centers around other goals beside financial gain. This has typically been an issue in the past with most corporations from taking an active part in environment and social matters, such as not outsourcing jobs or participating in Earth Day.

This is usually why society has such harsh resentment towards big business; most people believe, and it is true to some extent, that all most corporations are interested in are profits. In addition, most big corporations thumb their noses down on non-profit corporations and some do not even consider them to be corporations.

The push to get more corporations to take a more proactive part in making their companies “greener” has typically been met with hostility. This is not the first time that social activists and lawmakers have been introduced to offer corporations a chance to become more environmentally conscience. Recently, Maryland and Vermont have introduced actions to allow “for-benefit” corporations. However, they are usually geared towards smaller corporations and firms.

This is why the Corporate Flexibility Law of 2011, also known as SB 201, is so important. This law would authorize and legalize the formation of a new type of business known as the “flexible purpose corporation.” It is, for the most part, geared toward the big, public, and well-known companies.

This is why it will be difficult, it seems, for the more established and well-known big corporations in California to change and become “for-benefit” corporations and get “B-Corporation” status.

Ways to Reduce the Risk of Bicycle Accidents

To save money and in keeping with becoming a more environmental friendly nation, more people are using their bicycles as a mode of transportation. Because there are more new bicyclists on the roads, accidents involving motorists and bike riders are on the rise. The majority of these accidents are due to not knowing and obeying the laws when it comes to who has the right of way on the streets. An even bigger number of accidents are because of not following safety guidelines. A collision between a driver and a bicyclist is one of the most serious accidents, since typically end up causing fatalities. Most of these accidents are usually avoidable by just adhering to some basic rules, having good judgment, and using common sense.

Bike Paths

While some cities have created bicycle lanes on their roads, a good number have not. Bike paths are created for a reason: so that bicyclists can have a lane on the road just the same as motorists. They are not for drivers trying to bypass other motorists they feel are driving too slowly. Likewise, bicyclists who choose to ride in between cars instead of along the designated bike paths are putting themselves at risk for an accident.

Hazardous Turns

Sometimes, motorists have no patience with other cars when it is time to turn, let alone a bicyclist. However, trying to be the first to turn, especially when a bike rider is next to a motorist can prove fatal. It can cause the bicyclist to have to stop right in the middle of riding, which can lead them to get hit by another car. Or, cutting them off from turning can cause them to hit the car or fall off their bike in the street. A good rule to follow is if a bicyclist is making a turn in the same direction, give them enough room, space, and time to do so.

What is a 341 Meeting of Creditors and what happens at it?

If you decide to file for bankruptcy, either Chapter 7 or 13, one of the first things you will be required to have do is have a meeting with the bankruptcy trustee. This is known as a 341 meeting, named after the bankruptcy section it refers to. The 341 Meeting usually is scheduled a few days after you file your bankruptcy petition.

It is not like going to court since a judge will not be present. What the meeting essentially is for everyone (you, your creditors, and the bankruptcy court) to get an understanding of your financial situation, payment intentions, and the facts of your bankruptcy.

You will need to be prepared for this meeting.   You should make plans to arrive early and make sure you take time off from work to do so. It is best also to have your bankruptcy attorney with you as well. If at all possible, try not to be late. Since there are several bankruptcy 341 Meetings taking place for the bankruptcy trustee, they do not have time to wait on you.

Most likely, if this happens, they will have to reschedule and then any of your creditors that planned to attend twill have to reschedule as well. Tardiness will not work in your favor. Even more, if your bankruptcy attorney has to come back to another 341 Meeting for you, it could cost you more money.

During the 341 Meeting, which is recorded, the bankruptcy trustee will ask you some basic questions that you must answer. The questions are not difficult; examples are your name and social security number, the bankruptcy petition number, and the valued property on your bankruptcy. This is why you will need to bring all the required documents and identification listed on the bankruptcy information sheet such as your driver’s license and social security card.

 

Do You Need an Estate Planning Lawyer?

Many people decide that they either don’t need a will, or pass away before they can set a will in place. But if you pass away without a will, you are relying on the state to distribute your assets instead of your family. This is not an ideal situation for anyone.

But do you actually need a lawyer?

Estate planning is something that everyone should think about doing, but not everybody requires an estate planning lawyer. For instance, a person with no children and few assets could draw up a will using online services like LegalZoom or Nolo with only a little risk of complications. These online options are usually less expensive than hiring an estate planning lawyer and provide the perfect solution for simple financial situations.

But those with high net worth or complication family dynamics should consider hiring an estate planner to make sure that everything is distribution the way you want it upon your death.

Be prepared to meet with several attorneys, make sure you discuss all of the fees and get everything in writing. Also make sure that the attorney is insured, and get a copy of their insurance form for your records.

But getting an attorney is only half the battle, you have to make sure that once your estate planning has been done, you keep your lawyer in the loop if there are any changes. Marriage, Divorce, new kids – these can all change your final wishes. Make sure that the executor of your will knows everything that they need to, so that the process will run as smooth as possible.

 

Picking a Bankruptcy Lawyer

If you’re at the point where you need to consider bankruptcy, you need to make sure that you have the right lawyer for your needs. Bankruptcy court has it’s own rules and you want to make sure that creditors are properly notified, and deals need to be made.

To get started, check the National Association of Consumer Bankruptcy Attorneys. Membership in this organization indicates that the firm or lawyer is “dedicated to the practice of bankruptcy, stays up to date on the latest developments, and provides competent representation.”

Once you have looked at some lawyers, check the state bar in your state. Most states have specialist certifications for bankruptcy. This certification means the lawyer has been practicing law for a minimum number of years, spends at least half of their time working with bankruptcy cases, is peer reviewed, and has passed a written examination in that specialty.

Prepare to meet several lawyers to find the right fit for your needs. Maybe you have a personal business that is going under, you need to find someone experienced in that area.

The ideal attorney will also offer options, you want to have all the information you need to push ahead. Avoid lawyers that charge ultra-low fees, you will likely not get the personal service you need. But be sure to ask what the fee covers, some attorneys include court and other costs in the quoted fee, others don’t.

Making sure you ask all the right questions, will help you get the right lawyer for your needs, and assure a speedy resolution.

Difference Between Solicitors and Barristers

Difference In between Solicitors and Barristers

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Every country has its own regulation with concerns to legal occupation. The legal occupation in England, New Zealand, Wales Australia and Canada is made up of two different groups which are the Lawyer and the Barrister.

The Lawyers are British legal representatives who give legal guidance and prepare legal files and is thought about Workplace Attorney. Solicitors have actually served for two years under the management of a practicing Solicitor and satisfy other demands of the Law Society, which includes academic requirements, and need to be confessed to practice. Numerous common law jurisdictions such as the UK, Ireland, Canada, Australia and New Zealand leaving out US call this kind of Attorneys as Lawyers. They are involved in business work relating to business such as dealing with commercial transactions, corporate matters, land, share, other home negotiations and also litigation.

The Lawyers on the other hand are the Courtroom Lawyers who speak in the higher courts of law and who are booked by Solicitors to advocate in a legal hearing or to render a legal viewpoint. Lawyers are the legal representatives who practice out of a workplace and are typically referred to as Chambers. They offer opinions to Solicitors on hard points of law and appear on court. But Lawyers need to pass the bar final tests and be confessed to “plead at the bar”, implying they have actually been called to the bar and is permitted to appear in court to say a client’s case. It is needed in England that the Barrister needs to be taken on by a practicing Barrister for a one-year pupilage which is same as internship. It enables the new Barrister to observe and assist his master in the execution and find out from the experience. The Lawyers are quickly acknowledged by their robe and wig which is described as the working clothes.

What is a Commercial Law Solicitor?

Commercial Law Lawyers are attorneys that engage and specializing in handling cases impacting various company legal problems. Questions involving Tax law, Business Law and Labor Law are a few of the issues that may occur out of this everyday company activity.

When an individual is interested to develop a new business, a Business Lawyer will help in identifying the credibility in addition to the procedures one must observe. They can execute the necessary agreements to effectively carry out the business. They can also examine the service organization if it adheres to the basic guidelines and regulations and provide the list of the essential permit requirements in installing the business.

On choices including business name the Commercial Law Lawyer can go over the ramification of using one’s name in business. The benefits of having trade name or company name can also be discuss by the Lawyer including the conformity requirements that must be observed.

Even in protecting business location, Commercial Solicitor might be the very best individual around. They can evaluate and prepare the agreement involving lease contract, sub-lease arrangement or other agreement a client might wish to engage in leasing any business premises.

Info with regard to monetary matters like getting a bank loan, a mortgage or transaction to another service can be explained by the Commercial Law Solicitors. They will help the customer to comprehend the benefits and the legal concern that may arise out of these deals.

With regard to taxes, Industrial Lawyers will give advice on ways to keep taxes to a minimum level. A recommendations on the insurance requirement to secure the business including the employees might also be discussed by the Industrial Solicitor.

Legal responsibilities in giving products and services are also concern that Commercial Solicitor can counsel a business person on the right treatment to observe in compliance with the existing rules and regulations.

On disagreement emerging from employee-employer relationship the solicitor can also check all the credibility of the claims occurring from unlawful dismissal or any other claims including work-related problems. Normally a Commercial Law Solicitor acts for business of all trades and sizes.

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