Lawyer: Motorcyclist – Here’s Your Survival Check-List

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**WARNING: Do NOT trust an Attorney to handle your MOTORCYCLE Accident case, unless he or she has ridden a Motorcycle!**

That’s because there are basically two (2) types of motorists on the road today: those who ride (or have ridden) Motorcycles, and those who have NOT. The four-wheeler motorists either think of Motorcyclists as if they were driving a car, or they don’t think about them at all. They don’t seem to realize that Motorcyclists are legally permitted to ride between lines of vehicular traffic, and as such, present a bit of a challenge to the four-wheelers. Four-wheelers to not seem to think twice, while stopped on a free-way off ramp, when they swing open the driver’s door, to spit, or spill a soda … one door, opened without warning – in traffic – can be fatal to the Motorcyclist riding between lanes. When switching lanes, four-wheelers must signal … not just to warn the car behind them, but also to warn Motorcyclists one hundred (100) yards behind them!

Seriously … when I first moved to California twenty (20) years ago, having never ridden a motorcycle, and knowing nothing about California law, I noticed times when a Police motorcycle would be riding between highway traffic lanes, with a couple of other cycles following closely behind. You won’t even believe this … but my first thought was wow … those cyclists are pretty crazy to ride between lanes, with a cop ahead of them … he could give them a ticket for that! … (I didn’t realize that it was perfectly legal for motorcycles to ride between traffic lanes.)

Los Angeles Accident Lawyers that have never owned or ridden a motorcycle have no idea of the life-and-death decisions that motorcyclists must make on an almost daily basis, on California highways. Like whether to ditch their motorcycle, with the certainty of suffering horrific soft tissue wounds, in order to survive, and stay in one piece.

Just remember, you four-wheelers, when you do yield to a motorcycle, moving just a bit to your right, and the motorcyclist signals a “thank you,” with a motion of his or her hand, that’s not just “thank you” … that’s “thank you for allowing me to live one more day, and see my family tonight!” Motorcyclists face dangers that four-wheelers never even worry about. What would be a minor highway collision for two cars, could mean a horrible dragging death to the motorcyclist.

So, if you are a Motorcyclist, here’s your Survival Check-List:

Never ride without a Helmet Camera in place, and filming;
Never ride without a Helmet, and Skid-protective clothing, from head-to-toe-to-glove-covered hand and fingers;
Never ride without knowing the phone number of a capable and experienced Motorcycle Attorney, set for speed-dial on your cell phone;
Never leave the scene of a Motorcycle accident in anything other than an Ambulance;
Never leave the Emergency Room without calling your Motorcycle attorney, and possibly your next of kin, if you have the chance;
Never hire an attorney that doesn’t ride Motorcycles; and
Never contact an insurance company without first speaking with your Los Angeles Motorcycle Attorney.

An experienced Motorcycle Attorney probably handles a wide range of Personal Injury (“PI”) lawsuits, but Motorcycle Accident litigation is a unique category of Personal Injury litigation. Your attorney will need to take control of the litigation from the very start. At every stage, your attorney needs to convey the following messages:

“My Client is very seriously injured”;
The accident was YOUR Client’s Fault;
We are ready to take this to Court, smash through Discovery and Motion Practice, and take it on to a Jury Trial and Final Judgment.

How does your experienced Motorcycle Attorney accomplish this? …. By following this ROADMAP, step-by-step:

i – Review your Emergency Room Report and Bills, choose the appropriate Medical Doctors, who will treat you without charge, accepting instead a “Lien” (promise to pay) against your future Settlement or Court Judgment;

ii – Prepare a top-notch “Demand Letter,” complete with a summary of your medical treatments to-date, an analysis of your injuries, illustrated with full-color glossy diagrams and photos, if helpful, with an estimate of future medical expenses;

iii – A specific dollar demand, backed-up with the reasons the other guy’s Insurance Company should pay-up, right away;

iv – In some cases, your experienced Motorcycle Attorney will send what’s called a “Crisci” Policy Limits Demand Letter, which gives the Insurance Company of the other person involved in the accident, an opportunity to pay you the absolute limit of their Policy Coverage. In some cases they will pay. If not, and they refuse, then your experienced Motorcycle Attorney takes the case to Trial, and in some cases, can get a Jury Award far in excess of the Policy Limits, and force your opposing party to pay every penny of it !

Honestly, it’s really just like so many things in life … it pays to be prepared.

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Lawyer: Motorcyclist – Here’s Your Survival Check-List

The Real Estate Agent’s Fiduciary Responsibility of Confidentiality Explained

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Sergio Rodriguez

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Real estate attorneys specialize in legal matters relating to property laws. They make sure that the interest of the client is met in a real estate transaction. The legal professionals can help with preparing requisite documents, fulfilling legal requirements, and also act as an escrow payment holding the earnest money.

One of the important responsibilities of the lawyer relates to the fiduciary duty of confidentiality. In this article, we will shed some light on this legal obligation of the real estate professionals.

What is the Fiduciary Duty of Confidentiality?

Every state has placed laws relating to the fiduciary responsibility of the real estate attorneys regarding confidentiality. The fiduciary duty restricts a real estate attorney from disclosing information of the client. The rules regarding confidentiality are based on Model Rule 1.6 of the ABA Model Rules of Professional Conduct.

The fiduciary duty of confidentiality has broad applications. According to the ABA model, a real estate attorney will not disclose any information that relates to the client’s representation.The responsibility continues even after the representation of the client has ended. In other words, a real estate agent has a duty to keep a client’s information confidential from prospective clients.

Confidentiality duty not just prevents a real estate lawyer from revealing confidential information; it also prohibits the legal professional from using the personal information to the disadvantage of the client. Unless the information has become ‘publicly known’, the real estate attorney cannot use the information against the client’s interests.

When is the Duty of Confidentiality Exempted?

Remember that the real estate attorney’s duty of confidentiality is exempted in certain cases. If a client gives ‘informed consent’, an attorney can reveal confidential information to a third party. However, the attorney is required to disclose only the information that is required for a particular situation. Also, a real estate attorney should explain to the client about the as risks as well as alternatives for disclosure of information.

ABA Model Rule 1.6 (b) has specified other cases when a lawyer can disclose client’s confidential information. These include:

Disclosure is required by a court order or other law
To avoid substantial physical harm or death
To prevent fraud or other crime that is certain to harm another person’s finances or property
To avoid reasonably certain substantial loss of another
To obtain advice regarding compliance with ethics rule
To resolve conflicts of interest pertaining to the change of employment of the attorney

Whether you want to buy or sell a single-family residence, condo, or a commercial property, a real estate attorney can help. The team at SRG Law Group has years of experience in handling real estate related cases. We can help you with all matters related to a real estate transaction. Getting the help of our experienced real estate attorneys will help you avoid legal complications related to your property.

What You Should Know About Car Accident Statute of Limitations?

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Sanford Kassel

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Car accidents are one of the most common causes of injuries and deaths in the US. Every year around a million people die and about 50 million get injured in road crashes. The victims of the road accidents usually have to bear a great deal of financial, emotional, and psychological ordeal.

Justice demands that the person who caused the accident compensates the victims for the losses. The victims can sue the person responsible for the car accident to get compensation for their losses. However, there is one situation when the victims cannot sue the culprit, which we will discuss in this article.

Car Accident Statute of Limitations

Statute of Limitations is a legal term that sets a time limit during which the victims can file a car accident case in the court. The time limit varies in different states. In California the statute of limitations for a car accident and other personal injury matters is generally 2 years from the date of incident, or 1 year from the date of discovery of the injury. You need to file the case within the prescribed time limit otherwise, your right to sue the victim will be barred forever. The statute does have some exceptions, like if a government entity was involved or the victim suffered a mental incapacity, or the victim was a minor, etc. For this reason, we suggest you contact an experience law firm that specializes in personal injury law.

An important concept that you should understand regarding the statute of limitation is the ‘discovery of harm’ rule. The statute of limitation begins only once the victim knows or ‘discovers’ about the extent of the injury.

A simple example will help you better understand this concept:

Suppose that a person gets injured in a car accident, but did not get any medical help as the injury seemed minor at first. However, after a year the person started experiencing extreme pain in the body part that was injured during the accident. A medical examination later revealed that the nerves in the body’s extremities have been damaged that would require a costly surgery.

In such a situation, the victim had no knowledge of injury at the time of the accident. A reliable car accident injury lawyer can convince the court that the statute of limitation should begin when the injury was ‘discovered’, instead of at the time of the accident.

So, you should not delay in filing a car accident case. The more you delay, the less are the chances of a court outcome in your favor.

Get Professional Help for a Car Accident Case

If you or someone you know has been involved in a car accident, it’s important that you contact an experienced car accident lawyer soon after the accident. An experienced attorney will be able to help you in getting the maximum amount of compensation for the injury sustained in a car crash.

The experienced and professional car accident attorneys at Sanford A. Kassel, Professional Law Corporation have been helping victims for more than a decade. The team of capable car accident lawyers can handle car accidents, truck accidents, motorcycle accidents, and more. For more information on how we can help you, call us now at 909-984-6451.

5 Reasons to Fight That Speeding Ticket in NY

By

Chad Gates

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For many Americans, a speeding ticket is a mere nuisance. If you’re not hard-up for cash, pleading guilty and paying the fine is an easy way to make it go away. Sometimes, even if cash is tight, you may pay the ticket simply because you don’t know how to go about fighting it. You might also be unsure if the effort will be worth it. No matter the reason, paying a speeding ticket in New York is always a big mistake for five key reasons.

Huge Fines. A speeding ticket in New York can range from $243 up to over $1,000. In addition to the mandatory surcharges, New York state imposes what it calls a Driver Responsibility Assessment (DRA) fee anytime you incur six or more points on your license (even if you are not from NY). The DRA costs $300 ($100 per year for three years) plus and an additional $75 ($25 per year) for each point over the initial six. So if you get an eight-point ticket, the DRA would be $450.

Skyrocketing auto insurance. A speeding ticket can significantly impact your auto insurance premiums. One study found that premiums rose 21 percent on average for speeding between 1 and 15 mph over the limit and 28 percent for going 16 to 30 mph over the limit.

Risk of a suspended license. In New York, if you accrue 11 points on your license it will be suspended. Your license can also be revoked if you plead guilty to three or more speeding (or two work zone speeding) tickets within an 18-month period. In addition to being unable to legally drive while your license is suspended, you may have to pay a fee to in order to have it reinstated.

Loss of employment. If your job requires you to have a valid license or Commercial Driver’s License (CDL), pleading guilty or being convicted of speeding can put your job at risk. CDL holders are held to more strict standards than those with regular driver’s licenses. For instance, your CDL will be suspended for 60 days if you are convicted of two “serious traffic violations” (which includes going 15 mph or more over the limit) within a three-year time frame.

Driver safety courses are no quick fix. It’s a common misconception that you can plead guilty and then get the ticket removed from your record by taking a driver safety course. Completing a DMV-approved driver safety course only reduces up to four points from your license and it does not remove the conviction from your driving record. It also has no effect on any of the surcharges or other penalties.

The only way to avoid the multiple consequences of a speeding conviction in New York is to fight the ticket in court. It is best to hire an attorney with experience getting traffic tickets reduced and/or dismissed rather than risk handling it yourself.

ABOUT THE AUTHOR

Adam H. Rosenblum, Esq. is the principal of The Rosenblum Law Firm. An experienced and skilled criminal defense and traffic violations attorney, Mr. Rosenblum has a reputation for aggressive representation for anyone facing criminal charges and traffic violations that may result in jail time, heavy fines, points and license suspension or revocation. Mr. Rosenblum is admitted to practice in all state and federal courts in both New York and New Jersey and takes cases statewide in both states.

Legal Recourse for Victims of Emergency Room Medical Malpractice

By

Richard Rohde

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Medical personnel including doctors and nurses are only human. And humans are fallible. Mistakes happen that can have disastrous results. Often, it results in a crippling injury, and in some cases death. If the mistake occurred due to negligence or reckless behavior of the medical personnel, the victim has the right to sue the guilty person(s) to get compensation for the losses.

In this article, we will talk at length about emergency room medical malpractice cases.

Emergency Room Medical Malpractice: An Overview

The law relating to the emergency room malpractice cases is more lenient than other cases. Physicians and nurses in the emergency room often don’t have the time to contemplate on the proper treatment plan. However, it does not mean that they are not liable for providing sub-standard patient care.

A person who gets injured due to negligent behavior or willful disregard of standard care practices by the emergency room health care personnel has the legal right to receive compensation for emotional, psychological, and financial losses.

Here are some of the situations in which the victim can pursue a legal case against the health care providers for emergency room medical malpractices.

Misdiagnosis
Medication errors
Surgical errors
Lack of follow—up
No triage — a standard practice of taking background information to determine priority of the patient in an emergency room

Who Can You Sue in Emergency Room Medical Malpractice?

In emergency room cases, usually, the medical staff who acted in a negligent manner in the emergency room setting is not taken to court. Instead, the hospital is on the hook for the negligent and reckless behavior of the staff. The hospital must compensate the victim for the physical and financial losses that occurred due to willful disregard or negligent attitude of the medical staff.

In the case of non-emergencies, if a person knows that the doctor is an independent contractor and not a hospital employee, the hospital cannot be sued in the court. However, this is not the case with emergency room medical malpractice cases.

The hospital is legally responsible for any medical malpractice case in the emergency room. The reason for this is that there is no time to inform the patient that an independent contractor will be performing the surgery in the emergency room. As a result, the hospital is answerable for the negligent behavior of the emergency room medical staff.

Getting Professional Help for Medical Malpractice Cases

You must contact an experienced personal injury lawyer for emergency room medical malpractice cases. An experienced attorney will be able to marshal the evidence, and present them in the court to prove the guilt of the negligent medical personnel. This will help you in getting the most favorable outcome for your case.

Contact Rohde Law Office for expert, legal advice and counsel regarding emergency room medical malpractice cases. Our experienced and highly courteous team of personal injury lawyers is always eager to help victims get justice in court.

Call us today by dialing 626-593-5786 to get advice or representation regarding your case today.

Runaway Tractor Trailers are a Menace to Georgia Roadways

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hlmlawfirm

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The size and nature of tractor-trailers make them extremely dangerous for anyone traveling the Georgia roadways. Even under the most ideal circumstances, truck accidents can cause serious injuries and tragic fatalities. It is terrifying to think of a monstrous tractor-trailer careening down a highway into oncoming traffic, but that is exactly what can occur when a truck operator loses control of the vehicle. Property is damaged and innocent people are severely injured, or even killed.

In 2015, a Cartersville, Georgia mother was killed when a runaway tractor-trailer struck her and her family. As reported by the Atlanta Journal-Constitution, the operator of the truck was outside performing a safety inspection when the unattended vehicle began to roll out of the parking lot and down a hill onto the roadway. The truck reportedly pinned the family’s car against a guardrail, killing the mother and severely injuring her husband and children. This is unfortunately not an isolated event. In 2016, a 10-vehicle pileup resulted when a Pennsylvania operator was unable to bring his truck to a stop. As recently as February 2017, an unattended tractor-trailer reportedly rolled out of a Connecticut rest area gas station onto Interstate 95.

Tractor-trailer operators losing control of their vehicles

Tractor-trailer operators have a legal duty to operate their vehicles in a reasonably safe manner. When they lose control of the truck, they are no longer able to meet this duty. Some of the most commonly reported causes of runaway tractor-trailers include:

Mechanical failure. The size of a tractor-trailer requires exceptional stopping power. The braking systems of large trucks are designed to handle the weight of these vehicles, but these systems may fail. The driver may not be able to stop when driving on an incline or in inclement weather conditions. Braking systems may even fail when the vehicle is parked, allowing it to roll onto a roadway.
Operator negligence. In some cases, the failure of the brakes is not a mechanical issue, but an operator mistake. An inexperienced or impaired driver may fail to apply the brakes in a timely manner or lose control of the truck while in operation. Operators may also forget to properly engage the truck’s braking system before exiting the vehicle.
Overweight trailers. An 18-wheeler literally weighs tons. When that truck is overweight, it can take far longer to stop, and attempts to “jam on” the brakes could cause the truck to skid. Loose cargo can also shift, causing the truck to tip over. It can also spill debris onto the roadways, posing dangers for driver around them.

Who is responsible?

When runaway tractor-trailer accidents occur, determining fault largely depends on the specific circumstances of the incident. The vehicle operator may be held liable for improperly handling the truck. If maintenance issues caused the accident, the truck owner or operating company may hold some responsibility for resulting injuries. Under some circumstances, a government entity may even share in the liability, due to improperly maintained roadways or hazardous conditions caused by highway work crews.

WARNING: Do NOT trust an Attorney to handle your MOTORCYCLE Accident case, unless he or she has ridden a Motorcycle!