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Cities Are Concerned About E-Bike & E-Scooter Safety

electric bike and scooters

Some bike advocates credit the dockless e-bike & e-scooter industry as a transportation method that has finally made urban cycling mainstream. In spite of this, the newfound industry is finding difficulty in becoming a permanent thriving fixture across various major cities.

In September of 2019, Jump, a bike service recently purchased by Uber, announced to all its e-bike users in San Diego that starting late September, the company was going to pull all e-bikes from that region. As of this year, Jump had only been serving the City of San Diego for a year. For e-bike companies cutting back on product access to certain cities, the matter comes down to whether the product will produce a successful long-term development.

City Government Predicaments With Electric Bikes & Scooters

According to a news article published by The San Diego Union-Tribune in November of last year, Jump and the City of San Diego were both thrilled to have the company implement its services for city residents. Unfortunately, the booming business faced city-imposed constraints as the city of San Diego attempted to gain control over the recurring issue of pedestrian and rider injury, both of which incited lawsuits. For some, it seems that cities such as San Diego are not equipped with the necessary infrastructure to support alternative transportation methods. Although it is in the city’s plans to enhance transportation sustainability, it seems that the lack of regulation and implemented bicycle lanes have led to the demise of partnerships between the city and e-bike companies.

Safety Concerns

When it comes to new technologies, it often takes municipalities some time to get acclimated. A city’s main concern is always the safety of its citizens and this often means creating new strict regulations to undermine potential risks. For a company such as Jump, a city with strict regulations can often translate into a deterrent in business.

Cities, however, have a logical reason to be concerned for the safety of cyclists. According to the National Highway Traffic Safety Administration, the State of California is the most dangerous state for cyclists in the nation. The 2016 report concluded that California had 147 cyclist fatalities, which was 9 more than the State of Florida.

Protect Your Rights After an Accident – Consult an Experienced Attorney

If you are a cyclist in California, your well-being should be your number one priority. E-bikes have introduced a variety of benefits for Californians but they have also presented a number of risks that clearly, many municipalities were ill-prepared for. If you have been involved in an accident while using an E-bike or electric scooter, speak to an experienced personal injury attorney who can explain what your legal options are.

Attorney Scot T. Moga has many years of dedicated experience serving clients that have suffered harm as a result of another’s negligence. A majority of bike accident cases often lead to serious injuries that could result in a lifetime of medical treatments and economic concerns. If you were injured while using an e-bike or electronic scooter, speak to a professional bicycle accident attorney as soon as possible. California has strict deadlines that could affect your ability to file a case.

How to Win Your Car Accident Case

There’s one auto attorney in Fresno who wins more cases than anyone, and we wanted to ask him, what does it take consistently win cases? On the surface it might seem like taking on the right clients, but the truth is that there’s much more to it than just that. In fact, there is more to winning a car accident case apart from immediately hiring a good lawyer. In fact, the first and perhaps most important steps that you should take in winning a car accident case starts immediately after the accident, right there where the incident took place.

Understandably, anyone who figures in a car accident will be shaken up to say the least and worse, may even be hurt. However, if you are lucky to escape serious injury, here are the important steps that you should remember to take if you find yourself involved in a car accident.

  1. Try to Regain Your Composure

Car accidents are harrowing incidents that are sure to unsettle any normal person. The first thing that you should do is to check if you or your passengers are injured. Your welfare should always come first and it would not be advisable not to proceed with steps mentioned here, if ever you are badly hurt in a car accident. Instead, head on over on to the last step as soon as you are able to. On the other hand, once you have made sure that you are not hurt, move out of your vehicle and move to a safe distance. Try to regain your composure as soon as possible and move on to the next step.

  1. Take Photos and Videos

After you have regained your bearings and composure, take out your smartphone or camera and start taking pictures and videos. You are essentially documenting the accident and you are taking photo and video evidence of the scene. Make sure to take note of important details including the prevailing driving conditions and the weather. Take as many close up and wide angle view shots of the vehicles involved as you can. You should also remember to look for and document skid marks, debris, road obstructions and any other details that you deem may be important to paint a clearer picture of how the incident went down.

  1. Talk to Potential Witnesses

There’s bound to be good-natured people who are willing to help out and lend a hand in most car accidents.  Try to chat them up and ask them if they witnessed the accident. If you found someone who seems to be a credible witness, ask for permission to record him recounting how the accident took place. This becomes especially important if the fault is with the other driver. Don’t forget to ask for their contact details so you’ll have a means to reach them just in case it goes to trial.

  1. Talk to the Other Driver

It pays to be civil and it would be decent to check on the welfare of the other driver and the passengers. However, if they appear to be hostile and confrontational, it would be best just to move away and wait for the responding authorities to arrive.

  1. Hire A Lawyer

As mentioned earlier, you will need to hire an experienced car accident lawyer as soon as you can. The lawyer will guide you on what to do next to prepare for the case. These may include turning over the evidence that you have gathered and submitting all the important documents including the estimated cost of damage or medical bills.

It will also be a good idea to have the contact details of a good car accident lawyer on your smartphone. This is especially helpful if you frequently drive on roads that have a high incidence of car accidents such as those in Central California cities like Fresno. Being well-prepared, is yet another factor that will help you win your car accident case.

Why Do Personal Injury Lawyers Struggle to Get Clients?

Why Do Personal Injury Lawyers Struggle to Get Clients?

The abundance of legal cases from vehicle accidents and workers’ compensation incidents for work-related injuries seem to indicate that there is plenty of work available for personal injury lawyers. However, some of these attorneys still struggle to find clients to represent. While there is no shortage of personal injury clients to represent, some lawyers may have trouble finding and landing them for several reasons. The following shows the most common reasons why some personal injury lawyers are still struggling to find clients to represent.

Neglecting Their Websites

When someone needs a lawyer these days, he or she is far more likely to do an internet search rather than hop in the car to drive around the city in search of one or turn to the Yellow Pages. So, if you are a personal injury attorney, what will greet your potential clients when they visit your website? Whatever they see on your website, perhaps even on your landing page alone, might be enough to make them a future client.

Your website should be professional-looking, pleasing to the eyes and easy to navigate. Sure, you can use it to tout your qualifications and success rate. However, your main objective is to have your website visitors have a look and decide to hire you. The more time they spend on your website, the more your chances of earning their business increases.

Pay attention to the content of your website as well. Is your content current or dated? Does it contain useful information for your target clientele? Make sure to update your website content, preferably with articles that are relevant to your area of practice. Not only will it be a subtle way of touting your expertise, but your website visitors may consider your articles worthy enough to share on their social media accounts. Shares will give you free passive endorsements and more backlinks to your site.

Make your website mobile-friendly as a substantial number of your potential clients will likely be viewing your site using their mobile devices. Ask your web designer to tweak your website to have fast loading times. Studies show that users usually move on to other sites if the website they clicked on fails to load within 3 seconds.

Not Focusing on Brand Awareness

If you are struggling to get more clients to walk through your office doors, chances are that they are not aware of your brand. Part of a sound marketing strategy is to spread brand awareness, and you can do this for your practice in different ways. These include being more active on social media, optimizing your website on search engines and lawyer site aggregators and, if your budget permits, through targeted online advertisements.

You can go cheap with social media posts on your own social media accounts or with groups that are relevant to your practice. Share the articles that you post on your website or actively give online legal advice to those who are asking questions in discussion boards and forums. Search engine optimization (SEO) and paid advertisements will require you to shell out some cash, but then you’ll be certain that you are making more people aware of your practice.

Visibility Issues

It’s a good idea to be present in important events in your community as well as in conferences that are related to your practice. Such events will give you a chance to meet people and build your network. If you are in between clients, do pro bono work. This will not only make you more visible, but it will likewise increase the number of your happy clients who will no doubt refer you to their relatives and acquaintances.

The key to building your roster of clients is to become more active in promoting your practice and making potential clients aware that your services are available. Once the clients start trickling in, make sure to go through all of the services that you offer. After all, word of mouth is still one of the best forms of promotion.

What Is Insurance Bad Faith?

insurance policy
13188774 - insurance policy folder on desk in office with pen and manila envelop

When you purchase an insurance policy, you expect your insurer to be there for you when you need them. If you get into a car accident, resulting in damage to your car and injury to your body, you would open up an insurance claim to receive the money you need to fix your car and get the proper treatment for your injury.

If your employee stole your business property, you would expect your insurance company to cover you according to the limits of the policy you purchased. Or, if a fire ravaged your town and destroyed your business headquarters, you’d pursue an insurance claim to pay your expenses and get back up and running.

Whichever situation you happen to be dealing with, you turn to your insurer to pay out the money you’ve been contributing to your premium over several months or even years. When these companies deny benefits without proper cause, they are acting in bad faith.

The Definition of Insurance Bad Faith

What happens when an insurer delays or outright avoids paying a claim? Legally, most courts agree that insurers need to act in good faith and be fair to their customers when handling policy payouts, so when they don’t, their dealings are called bad faith.

Insurance companies uphold bad faith practices for one reason: to protect their profits. They may delay a case or deny a claim simply to ensure that they don’t have to dispense money to their customers.

These companies might use deceptive practices like misconstrue the language of their own policies, make ridiculous demands on the customer to provide proof of loss or not follow through with a comprehensive investigation. For example, if a business owner’s headquarters burn down, and their insurance company never visits the site for an investigation and then subsequently denies the claim, they are acting out of bad faith.

What Is an Insurance Bad Faith Lawsuit?

Thankfully, customers have the power to fight back against insurance bad faith. They can take their insurance companies to court, in front of a jury, who will give a fair and honest opinion to the judge. This is extremely helpful, considering that insurance companies have seemingly unlimited funds and teams of powerful attorneys behind them. Having a jury of peers there puts policyholders and insurance companies on the same level.

When going to court for an insurance bad faith lawsuit, policyholders may be entailed to more in damages than just those that came up because of the insurance claim in the first place. For example, if policyholders had to take off work, shut down their businesses for some time, experienced emotional distress or had to pay attorneys’ fees to deal with the case, the court could require the insurance company to cover these extra costs.

These lawsuits usually fall under common-law tort claims; the law varies state to state. Some states have statutory laws for insurance bad faith, so policyholders may be able to pursue a lawsuit under that as well.

It’s on the policyholder to be able to prove two things: First, that the insurance company withheld benefits that that policyholder paid for, and second, that the reason the benefits were withheld was unreasonable.

Some evidence for the latter would go back to how the insurance company proceeded when presented with a claim. Did they delay the necessary steps? Did they misrepresent the provisions of their policies? Along with collecting this imperative information for the court, policyholders should consult with an insurance bad faith attorney to see what other kinds of evidence would qualify.

Typically, in a court of law, the most common types of insurance bad faith cases are claims denials, business interruption and commercial claims.

Claims Denials

This can apply to a number of different types of insurance policies, and occurs when an insurance company denies a claim without good reason. For example, they may deny a policyholder their money simply so they don’t have to make a payout. Claim denials can occur at any point, such as when the incident first occurs, prior to an investigation or after the policyholder has turned in the necessary documentation and proof that a company required.

Business Interruption

Another type of insurance bad faith claim that often comes up is business interruption. This applies not only for fires, but any type of disaster that caused an interruption in a business’ day-to-day activities.

Businesses will take out these policies to ensure that they are covered for operating expenses and bills that need to be paid in the wake of the disaster. They may need money for things like temporary office space, for example, and will go to their insurance to claim it. Insurance companies can sometimes uphold shady practices like claiming there was arson involved in a fire, even if they never took the time to investigate the situation thoroughly.

Commercial Claims

Along with business interruption insurance, businesses will purchase commercial insurance to protect their employees, investments, property and inventory. If an incident occurs – say, a contractor is installing a piece of equipment and he accidentally breaks it – a business owner has the right to pursue a claim. If an insurance company attempts to blame the business for not hiring the right contractor without any evidence, for example, the insurance company may be held liable of acting in bad faith.

Protecting Policyholders

In order for policyholders to be properly protected, they need to hire skilled insurance bad faith attorneys who are prepared to defend them. Oftentimes, these huge insurance companies, who act aggressively and will do their best to find a way not to pay, intimidate policyholders. With an experienced insurance bad faith attorney on their side, a policyholder can rest assured that they’re in good hands and will receive the compensation they deserve.

Considerations To Make When Hiring a Divorce Lawyer

Divorce is a massive event in a person’s life on both an emotional and a practical level.  A divorcing person must abandon their personal identity as spouse, unwind their financial details from their spouse and often create a formal parenting schedule with the same person they are detaching themselves from in all other aspects.  This whole process requires good counsel so as to achieve the best possible result for the divorcing person and their family.

Who To Talk When Faced With Divorce?

When pursuing counsel for divorce there are numerous avenues a divorcing person can choose.

A therapist is a fine person to guide you through the emotional turmoil of divorce and develop strategies regarding adopting a new identity as a single person and co-parent.  A therapist has little insight into the details of the legal system, though, especially as they apply to financial issues such as alimony and division of debts and assets.

A mediator is a person who can explain the broad terms and possibilities of a divorce settlement to both parties and hopefully bring those parties to an agreed understanding and settlement.  The mediator can only use the information that both parties voluntarily present to him or her.  If a party withholds or falsely modifies information that impacts the settlement, there is little the mediator can do to get to the truth of the matter. Furthermore, the mediator cannot advise each party as to the various strategies they could employ to achieve their respective goals.  A mediator can only try to bring the parties together in a satisfactory “meeting of the minds”

Only a family law or divorce lawyer can truly guide and empower a person considering and/or navigating a divorce. A divorce lawyer can investigate the facts, discovery additional facts, develop a strategy based on those facts and then execute that strategy to either negotiate a favorable settlement or extract a favorable ruling from a family law judge.

How To Pick A Divorce Lawyer

When choosing a divorce lawyer, there are several considerations that should be made.

  • Does the lawyer practice other areas of law?

Family law lawyers typically focus on just family law for various reasons.  There are usually more than enough family law cases to keep any lawyer occupied who chooses to practice in the field.  Also, family law may not be deeply complicated compared to, say, Nuclear power plant regulation law but family law is very broad.  A divorce lawyer needs to know how to craft a parenting plan that works for both toddlers and teenagers and how to value a business that will be dissolved in a divorce.

Lawyers that practice multiple areas of law show that a) they may not busy enough to do just family law (with all that portends) and b) they may not have the broad mastery of family law that is usually required for effective representation.

Lawyers who practice other areas of the law may still be excellent at providing family law counsel.  It all depends on the individual lawyer but multiple practices can justifiably give any divorcing party pause when selecting a divorce lawyer

  • Does the divorce lawyer have experience?

Lawyers are allowed to practice any kind of law in any capacity, the moment they have passed their respective states’ bar.   Does that mean you should hire someone straight out of law school or someone with more experience?

A fresh lawyer may actually be an excellent choice is your case doesn’t have byzantine complications like prenuptial agreements and complicated finances.  Family law is not especially deep and few states’ family law statutes exceed a hundred pages.  The enthusiasm of a young lawyer focusing on your case may be refreshing compared to an older lawyer who sees every divorce settlement as a form with different names on it.

An older, experienced lawyer may be more effective if your divorce has possible complications.  A lawyer’s real skill is “issue spotting” or noticing problematic issues so the lawyer can take advantage or mitigate the damages arising out of those issues.  The more issues a lawyer has seen in his career, the more likely the lawyer will notice them while working on your case.

  • Does the divorce lawyer have staff?

A great deal of the process that happens in a divorce lawyer’s office is processing paperwork. Divorce lawyers must prepare financial affidavits, notices to produce, interrogatories, verify discovery on both sides, and prepare final documents.

80% of this paperwork can be prepared by a person who has not passed the state bar or even attended college (much less law school).  So long as a divorce lawyer adequately supervises the person (usually referred to as a paralegal) preparing the documents.

Having paralegals work on a case greatly reduces the cost of the case overall.

If your divorce is full of important details that cannot be left to chance then perhaps a divorce lawyer should be handling all of the matters, no matter how mundane, personally.

  • Do you connect with the divorce lawyer?

While the divorce process involves numerous documents going back and forth, the divorcing person is more than just a piece of paper.  It is important that your divorce lawyer sees you as a whole person who had a family and is now crafting a new family in the midst of all the legal maneuvering

A divorce lawyer who respects you as a person will put a real value on the outcome of your divorce and weigh that value against the costs of the divorce.

This careful consideration is crucial when you’re employing a lawyer who embraces the billable hour system.  The temptation for lawyers to make money should never exceed their duty to provide quality holistic legal counsel during your divorce.

Finally, it is important to recall that you are not obligated to continue in your case with the divorce lawyer you started with.  You can divorce your divorce lawyer!  If at any time you become dissatisfied with your current counsel, you can employ alternative counsel.  This can often be a costly process as the new counsel will have to get up to speed with the facts of the case and justifiably charge you for that.

No matter what, please retain a divorce lawyer if your divorce involves any issues whatsoever.  Divorce can be a perilous process but never more so without counsel.

The author, Russell Knight, is a Naples Florida Divorce Attorney who has been practicing family law for over 13 years.

How PR Supports SEO, and Vice Versa

Public Relations vs SEO

Most law firms have a company or individual handling search engine optimization (SEO) and another that handles public relations of some sort; this is a very smart choice because these are two separate skill sets. What is not good is that these companies rarely communicate. Quality news hits and great SEO can and should go hand in hand, but often one happens without consideration of the other.

In a competitive market such as Los Angeles, having marketing and public relations working together is absolutely necessary for a law firm to be effective in its efforts to promote its work and grab the attention of new, prospective clients. The firms more willing to behave this way will have a competitive advantage over peer firms and ultimately get a better return on investment (ROI) for dollars spent.

PR and SEO Should Complete Each Other, Not Compete with Each Other

Getting quality news hits and mentions leads to great SEO, and if SEO professionals and PR professionals are working together, it makes life much easier for both parties and creates a more cohesive synergy. In fact, SEO is a major component of PR because when a reporter is working on a story, s/he will use Google the same way, trying to find experts on a given topic. Unfortunately, most PR professionals are working hard to get their clients in the press, but ignoring the SEO value and SEO professionals are doing the same, getting higher rankings for clients but not seeing any potential PR value of their work.

Public relations professionals look for quality stories their clients are involved in. For personal injury attorneys, it’s a remarkable lawsuit involving some David vs. Goliath issue. For criminal attorneys, it’s a front-page story about police mishandling evidence. For corporate lawyers, it’s a mega-merger that causes chaos on Wall Street. Whatever the case may be, a PR pro will jump into action looking for the right media outlets to cover the story.

In most cases, these media hits will land in publications that have great authority with Google. The Los Angeles Times, New York Times, NBC, Wall Street Journal and others are highly ranked in search results because Google values content from credible and authoritative websites. Media outlet websites are also highly trafficked, which leads to great rankings, natural social media hits and more. Whenever a potential client searches Google, s/he will no doubt see websites that have been put together with organic rankings in mind. However, in most cases the user will also see publications within the first ten choices.

For example, type in the term “car accident” into Google and half of the top items will be news outlet websites; the term “police misconduct lawsuit” also has several news items on the first page of search results. While getting positive press puts your name on the site, or trusted third-party websites, the ever-changing world of SEO makes life a constant battle for online marketers. To make the matter more complex, Google is always evolving and looking at new information.

Google’s EAT Algorithm & YMYL Websites

In late-2018 Google and their Search Quality Evaluators started placing more emphasis on a little-known acronym called “EAT” to influence website rankings (either directly or indirectly). This acronym stands for Expertise, Authority and Trustworthiness. Essentially, Google is looking to see if the owner/publisher of a website is credible and has a leadership voice, especially when it comes to topics that cover health, money and the law – also known as YMYL websites (Your Money or Your Life). The EAT element of Google’s algorithm looks not only at links from authoritative websites, but (among other things) also takes into consideration “mentions” of your name and/or brand in the news, even without a link to your website. This places a whole new value on effective PR and making it into a story on credible news websites, and also restraining from press releases that provide little value to Users.

Here’s a video on how news mentions, and unlinked references to your law firm can potentially help with SEO:

Avoiding Spam Press Releases

At some point in the early 2000s it became accepted that if a business/law firm published a bunch of online press releases it would be extremely beneficial for SEO. Indeed, press releases get syndicated to dozens or even hundreds of websites, but that doesn’t mean it’s valuable information. It may have worked at one time, but that’s no longer the case because most press release websites now assign a “No Follow” attribute to links within a press release, rendering the backlink virtually worthless for SEO. Google can also spot fluff press releases, but that still doesn’t stop the onslaught of press releases like “Law Firm Announces Free Consultations”, “Law Firm Announces Now Serving Neighboring City”, or “Law Firm Announces No Win, No Fee Arrangements”. Save press releases for newsworthy announcements, and make them count.

We would be remiss if we didn’t address a major hurdle in wrangling Public Relations and SEO professionals – they need to play well in the sandbox together. Many times, the SEO is the website gatekeeper and is prioritizing maximum impact for rankings. However, that may not always be the best use or presentation of the story. Additionally, sometimes PR professionals want information to present a certain way that isn’t always SEO friendly. The best advice for a law firm would be to make sure both professionals know how to work effectively with each other and prioritize your needs over their own. They need to be able to operate independently of the client when there’s breaking news, so when a story hits you’re not juggling reporters, news crews, scheduling, interviews and playing the go-between with your PR rep and website person.

Written by: Joe Marchelewski and Doug Bradley