The idea behind the red light camera isn’t a new one. As a matter of fact, the first red light ticketing camera was installed in New York City all the way back in 1993, a full 18 years before the first one was installed in my neck of the woods. Since the first one went in, 24 states have adopted similar systems, citing their effectiveness in reducing the number of accidents that occur at exceptionally busy intersections. So, do they? Reduce the number of accidents?
The answer is a bit complicated. It takes a lot of research, reading, interpretation and postulating to come to a real conclusion. The good news for us is that Jonathan Ramsey, special correspondent for AOL Autos has done the legwork for us. He’s reviewed 10 studies, both for and against the argument at hand and here is what he’s found:
So, do red light cameras really reduce accidents and potential injuries? The jury is still out. Yes, most studies will say that the more severe accidents are reduced, the overall number of accidents remains much the same with the increase in other types of collisions. From the Virginia study (as quoted by Jonathon Ramsey): “These results cannot be used to justify the widespread installation of cameras because they are not universally effective. These results also cannot be used to justify the abolition of cameras, as they have had a positive impact at some intersections and in some jurisdictions. The report recommends, therefore, that the decision to install a red light camera be made on an intersection-by-intersection basis. In addition, it is recommended that a carefully controlled experiment be conducted to examine further the impact of red light programs on safety and to determine how an increase in rear-end crashes can be avoided at specific intersections.
So, why do cities continue to use them?
The short answer is because the one thing that all red light cameras do is generate revenue. As long as these cameras continue to make money, you can bet your bottom dollar that they will remain. One key item that was noted by studies that back the red light camera opposition was the length of the yellow light cycle. Studies have shown that by increasing the length of the yellow light duration and installing a delay in the cross traffic’s signal to green you can reduce the same number of accidents as the red light cameras, without the benefit of the additional income.
Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Paul J. Tafelski.
The answer is a bit complicated. It takes a lot of research, reading, interpretation and postulating to come to a real conclusion. The good news for us is that Jonathan Ramsey, special correspondent for AOL Autos has done the legwork for us. He’s reviewed 10 studies, both for and against the argument at hand and here is what he’s found:
- Red light cameras are effective in reducing the number of T-bone or broadside accidents that occur at the intersection where they are installed. This is really good news since this is the worst type of accident to be involved in, according to the IIHS. Not all of the studies agreed on just how much, but a greater portion of the studies agreed that overall, there was a reduction in this type of accident.
- Red light cameras are minimally effective in reducing other types of accidents including cross traffic accidents and right turn on red accidents. But the evidence isn’t incredibly overwhelming in these instances either.
- Red light cameras are universally responsible for increasing the instance of rear end collisions at intersections where they are installed. Yes, you read it right. You are more likely to be involved in a rear end collision when stopping at an intersection with a red light camera installed. As a matter of fact, the Federal Highway Administration conducted a very thorough study of this situation and noted that rear end collisions rose nearly 15% at intersections where these cameras were installed.
So, do red light cameras really reduce accidents and potential injuries? The jury is still out. Yes, most studies will say that the more severe accidents are reduced, the overall number of accidents remains much the same with the increase in other types of collisions. From the Virginia study (as quoted by Jonathon Ramsey): “These results cannot be used to justify the widespread installation of cameras because they are not universally effective. These results also cannot be used to justify the abolition of cameras, as they have had a positive impact at some intersections and in some jurisdictions. The report recommends, therefore, that the decision to install a red light camera be made on an intersection-by-intersection basis. In addition, it is recommended that a carefully controlled experiment be conducted to examine further the impact of red light programs on safety and to determine how an increase in rear-end crashes can be avoided at specific intersections.
So, why do cities continue to use them?
The short answer is because the one thing that all red light cameras do is generate revenue. As long as these cameras continue to make money, you can bet your bottom dollar that they will remain. One key item that was noted by studies that back the red light camera opposition was the length of the yellow light cycle. Studies have shown that by increasing the length of the yellow light duration and installing a delay in the cross traffic’s signal to green you can reduce the same number of accidents as the red light cameras, without the benefit of the additional income.
Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Paul J. Tafelski.
An amendment to the City of Chesterfield’s laws could soon allow pit bulls at an off-leash dog park, and the debate is raging as to whether to allow the change, with Council members both advocating for breed-specific language and opposing it.
The City Council will vote on December 3 to amend its dog leash laws by removing breed-specific language targeted at pit bulls and pit bull mixes. Eberwein Park is currently open to off-leash animals but current language in the city’s laws forbids “dangerous breeds,” of which pit bulls are considered one. This language effectively bans the breed from the off-leash park. Removing the breed-specific language will allow pit bull owners the same park privileges as those of other dogs.
Currently, the majority of city council members believe breed-specific language should be used and dog owners should be targeted who train dogs to be aggressive or do not keep them under control. However, Mayor Bruce Geiger is a proponent of the language, having witnessed a pit bull attack on another dog. “It’s intense . . . not pretty,” he is quoted as saying.
City Administrator Mike Herring said that city police had conducted research that led to the conclusion that pit bulls are as safe as any other breed if raised properly. He believes that the language has barred people from adopting dogs from local shelters.
Breed Statistics Tell The Story
While the argument continues over breed-specific legislation, the statistics on dog attacks tell their own story. According to the Centers for Disease Control, there are more than 4.7 million dog bites each year in the United States, and at least 386,000 require emergency medical treatment. Of those treated, 16 victims die per year on average.
Of the 238 deaths from dog bites reported to the CDC in the years 1979-1988, 66 were pit bull attacks. This means that 28 percent of all fatal dog attacks, or more than one in four, were by pit bulls. Rottweilers made up 39 of these attacks, or 16 percent. Together, these two breeds were responsible for nearly half of all fatal dog attacks in the United States during the relevant time period.
Liability Issues in Dog Attacks
While detractors of breed-specific legislation point to decreasing numbers of pit bull attacks, they may fail to note that breed-specific laws may have done some good in reducing the number of these attacks, especially in public. On the other hand, any dog can be potentially dangerous, and many dog bites occur even with “friendly” breeds such as labs or spaniels.
For the victims of dog bites, it is important to remember that most state’s laws hold the owner accountable unless the victim was illegally on the owner’s property. This means that the victim of a dog bite can collect damages from the owner of the dog including medical bills and pain and suffering. A dog bite injury attorney can assist these victims in holding owners accountable for their dog’s behavior.
The City Council will vote on December 3 to amend its dog leash laws by removing breed-specific language targeted at pit bulls and pit bull mixes. Eberwein Park is currently open to off-leash animals but current language in the city’s laws forbids “dangerous breeds,” of which pit bulls are considered one. This language effectively bans the breed from the off-leash park. Removing the breed-specific language will allow pit bull owners the same park privileges as those of other dogs.
Currently, the majority of city council members believe breed-specific language should be used and dog owners should be targeted who train dogs to be aggressive or do not keep them under control. However, Mayor Bruce Geiger is a proponent of the language, having witnessed a pit bull attack on another dog. “It’s intense . . . not pretty,” he is quoted as saying.
City Administrator Mike Herring said that city police had conducted research that led to the conclusion that pit bulls are as safe as any other breed if raised properly. He believes that the language has barred people from adopting dogs from local shelters.
Breed Statistics Tell The Story
While the argument continues over breed-specific legislation, the statistics on dog attacks tell their own story. According to the Centers for Disease Control, there are more than 4.7 million dog bites each year in the United States, and at least 386,000 require emergency medical treatment. Of those treated, 16 victims die per year on average.
Of the 238 deaths from dog bites reported to the CDC in the years 1979-1988, 66 were pit bull attacks. This means that 28 percent of all fatal dog attacks, or more than one in four, were by pit bulls. Rottweilers made up 39 of these attacks, or 16 percent. Together, these two breeds were responsible for nearly half of all fatal dog attacks in the United States during the relevant time period.
Liability Issues in Dog Attacks
While detractors of breed-specific legislation point to decreasing numbers of pit bull attacks, they may fail to note that breed-specific laws may have done some good in reducing the number of these attacks, especially in public. On the other hand, any dog can be potentially dangerous, and many dog bites occur even with “friendly” breeds such as labs or spaniels.
For the victims of dog bites, it is important to remember that most state’s laws hold the owner accountable unless the victim was illegally on the owner’s property. This means that the victim of a dog bite can collect damages from the owner of the dog including medical bills and pain and suffering. A dog bite injury attorney can assist these victims in holding owners accountable for their dog’s behavior.
A case reported in The Daily Mail on Friday (9 November 2012) reveals Mrs Justice Baron’s reasoning behind a £8.7 million payout by a husband (estimated to be worth more than £35 million), to his former wife.
The parties (identified only as Mr and Mrs Y) were married for 26 years but the Relationship Breakdown occured after the husband became ‘very enamoured’ of a ‘young artist/singer’.
The customary financial remedy proceedings were issued and the wife sought £11.2 million. The husband offered £7 million. The Judge (in her Judgment released yesterday) awarded £8.7 million to the wife.
After incurring £1.1 million in legal costs (collectively), the husband contended payment of this sum would be ‘gut-wrenching’. However, the Judge dismissed this, holding he was a ‘member of an illustrious family with many successful forbears who managed to accumulate great wealth. In fact, his ancestors, who include prominent military commanders, made a large contribution to the life of the nation in the 19th century.’
Baron J was satisfied the wife had not been ‘disingenuous or tactical’ in seeking to re-start her new life in London; nor were her general expectations ‘outlandish’.
I suspect that many (and particularly the men) who read this Judgment will form the view that this result is highly unfair and demonstrates the outlandish generosity visited by the English family legal system on wives who fund ‘lavish’ lifestyles, courtesy of their husbands’ wealth post-Divorce.
In reality, section 25 of the Matrimonial Causes Act 1973 clearly establishes the principles that must guide a court considering any financial remedy application, to include one involving the fabulously wealthy. Judges adopt a pragmatic approach when deciding how Financial Resources are to be shared. This case is no different. The husband in this case retained his Oxfordshire estate with 11 acres of gardens and 1,500 acres of farmland, left to him by his grandparents. His estate also includes 14 homes in the same village, two in a neighbouring village and one in a nearby town, a farm with 350 acres adjoining the main estate and a pub and equestrian centre in the village. I think he’ll manage to struggle by.
English Judges are increasingly inclined to give weight to Pre-Nuptial Agreements when deciding financial remedy cases. The outcome in Mr and Mrs Y’s case might have been dramatically different if there had been a properly prepared agreement in place. The corollary to the cries that English Judges are too generous to wives is the ability of spouses to regulate what happens on marriage breakdown through pre-nuptial agreements. This case is a salutary lesson about the wisdom of obtaining legal advice about one’s potential entitlements and obligations on marriage breakdown sooner rather than later!
If you would like to talk to any of our specialist Family Law Solicitors please contact them on 0800 916 9055, or e-mailenquiries@rjwslatergordon.co.uk.
Our Family Lawyers operate across the country and can offer immediate and accessible representation anywhere in England & Wales.
The parties (identified only as Mr and Mrs Y) were married for 26 years but the Relationship Breakdown occured after the husband became ‘very enamoured’ of a ‘young artist/singer’.
The customary financial remedy proceedings were issued and the wife sought £11.2 million. The husband offered £7 million. The Judge (in her Judgment released yesterday) awarded £8.7 million to the wife.
After incurring £1.1 million in legal costs (collectively), the husband contended payment of this sum would be ‘gut-wrenching’. However, the Judge dismissed this, holding he was a ‘member of an illustrious family with many successful forbears who managed to accumulate great wealth. In fact, his ancestors, who include prominent military commanders, made a large contribution to the life of the nation in the 19th century.’
Baron J was satisfied the wife had not been ‘disingenuous or tactical’ in seeking to re-start her new life in London; nor were her general expectations ‘outlandish’.
I suspect that many (and particularly the men) who read this Judgment will form the view that this result is highly unfair and demonstrates the outlandish generosity visited by the English family legal system on wives who fund ‘lavish’ lifestyles, courtesy of their husbands’ wealth post-Divorce.
In reality, section 25 of the Matrimonial Causes Act 1973 clearly establishes the principles that must guide a court considering any financial remedy application, to include one involving the fabulously wealthy. Judges adopt a pragmatic approach when deciding how Financial Resources are to be shared. This case is no different. The husband in this case retained his Oxfordshire estate with 11 acres of gardens and 1,500 acres of farmland, left to him by his grandparents. His estate also includes 14 homes in the same village, two in a neighbouring village and one in a nearby town, a farm with 350 acres adjoining the main estate and a pub and equestrian centre in the village. I think he’ll manage to struggle by.
English Judges are increasingly inclined to give weight to Pre-Nuptial Agreements when deciding financial remedy cases. The outcome in Mr and Mrs Y’s case might have been dramatically different if there had been a properly prepared agreement in place. The corollary to the cries that English Judges are too generous to wives is the ability of spouses to regulate what happens on marriage breakdown through pre-nuptial agreements. This case is a salutary lesson about the wisdom of obtaining legal advice about one’s potential entitlements and obligations on marriage breakdown sooner rather than later!
Contact our specialist Family team
If you would like to talk to any of our specialist Family Law Solicitors please contact them on 0800 916 9055, or e-mailenquiries@rjwslatergordon.co.uk.
Our Family Lawyers operate across the country and can offer immediate and accessible representation anywhere in England & Wales.
Finding talented employees is a significant problem for the construction industry. The recent recession impacted the industry substantially, and many experienced and skilled employees left the industry for other opportunities. A construction consultant can assist contractors and clients in keeping construction injury lawsuits down by finding the right employees for a particular project. More importantly, they help contractors understand when they do not have the right employees.
The Right Skills
In commercial construction, contractors and clients alike will often use existing employees to complete work on a project. Many commercial sites have maintenance personnel employed at the location prior to initiating a project, and using the employees to work on the project may seem to be an attractive idea. The idea behind using an existing employee is that the cost will be reduced over hiring outside laborers, the laborers are familiar with the existing chain of command, and the workers are familiar with the site.
This is a common mistake. Many in-house personnel are not contractors or individuals accustomed to working for contractors. As a result, the employees often do not understand the methodology of a particular phase of the project, and hence will not complete their assigned tasks. Skilled welders and electricians will not perform optimally when assigned complicated tasks outside their existing knowledge base. This frequently results in the employer or the contractor having to direct every action of every employee. Such a requirement will add stress to the contractor and client and delay the project.
Time Constrictors
Poor quality work performed by employees is worse than incomplete work. If the work is detected immediately, employers can direct the employee to complete the task again. Even a quick detection will cause a delay in time and a loss of material. In some circumstances, the work may not be detected until an inspector reviews the site at a later date for code compliance; addressing structural defects on a site under construction can bring the project to a halt and increase costs dramatically. The contractor may also gain a reputation for poor work, which can destroy his business.
Delays are common in the construction industry, and, as advised by our building trade sources at Construx Solutions, labor problems are one reason why this is the case. Unskilled laborers or skilled laborers without relevant skills can be a false economy. Most contractors and workers in the construction industry would never use the wrong tool for a task, and workers are assets like any other. Rather than hammer a round peg into a square hole, clients and contractors must find the right employees from the start.
Legal Problems
Poor hiring decisions can not only delay a project, but also expose contractors and clients to liability. If an employee does not have the skills required to complete a task, the employee will either not complete the task at all or will return low quality work. Employees without experience in certain areas can also become injured, exposing the builder to huge legal costs.
Injuries are common in construction. If the contractors and clients have used unskilled employees for skilled tasks, the unskilled employee may expose the contractor and client to liability in the event that an accident occurs. If an injury occurs as a result of an inept worker, the injured party’s attorney will argue that the contractor and clients were liable vicariously and for their own negligence. The cost savings of having unskilled employees perform skilled tasks can be eliminated by a single lawsuit or workers’ compensation claim.
Critical Solutions
With an experienced overview, construction consultants can help contractors and clients avoid regulatory pitfalls. As compliance costs continue to increase, understanding worker rights and employer obligations becomes increasingly complex. Protective equipment can be required by law, different categories of waste must be disposed of properly, and changing building codes can inflate costs. Failing to report employees properly can also cause tax consequences and problems with workers’ compensation claims.
For an independent contractor or home builder, keeping abreast of these various issues may be impossible. An experienced consultant with years working in the industry can help guide small business owners through the legal and practical hazards associated with completing a project. A consultant can help builders avoid delays, civil liability, and administrative issues.
Ann Bailey reports on legal issues in the building industry to benefit workers and owners in the trade. The creatively-tuned consulting team at Construx Solutions, based in Atlanta GA, assist their clients who own and manage construction businesses with all aspects of the building processes that involve legal and personnel elements.
The Sunshine State of Florida is home to warm weather and year-round parties that draw in hundreds of thousands of motorcyclists each year. Tragically, despite the good times, Florida sees more than 100,000 motorcycle accidents that cause injuries every year and over 2,000 that end fatally.
Daytona Beach, Florida hosts the second-largest annual motorcycle rally in North America, with a yearly turnout of approximately 500,000 motorcyclists and participation consistently increasing year after year. Although Bike Week death rates have been on the decline since 2006, Florida law enforcement is stepping up and taking action to prevent further Bike Week fatalities. After 2006 BIke Week saw 20 fatalities of both motorcycle participants and nonparticipants, the state authorities focused their priority on road safety. In 2010 the rally had an all-time low of highway fatalities, in 2011 three were killed and in this year’s Bike Week eight deaths were reported.
The traffic congestion of 500,000 riders and a party-like atmosphere join to create a dangerous environment. Impaired drivers and riders is the largest contributing factor in Bike Week multiple-vehicle collisions, while lack of experience is the number one cause of single-vehicle crashes.
Florida has no helmet law for riders over the age of 21, and in 2011 helmet use in the state was observed at 49.3%. Before 2008 motorcycle fatalities were on a steady increase, and since that year there has been a significant drop in both deaths and injuries. The implementation of Florida’s Motorcycle Safety Coalition and the new rider training requirements that were put into place in July 2008 significantly contributed to this decrease. Florida cites “increases in motorcycle endorsements” as another reason for the drop.
The Daytona Chamber of Commerce has listed the next Bike Week as March 8-17, 2013 and will be charging a nominal fee of $5 per vehicle per day.
This article is brought to you by the Daytona Beach personal injury attorneys of Politis & Matovina. If you have been injured in a motorcycle accident do not hesitate to contact your local injury lawyer. They can help you recover compensation before your injuries and bills turn into a financial burden.
Daytona Beach, Florida hosts the second-largest annual motorcycle rally in North America, with a yearly turnout of approximately 500,000 motorcyclists and participation consistently increasing year after year. Although Bike Week death rates have been on the decline since 2006, Florida law enforcement is stepping up and taking action to prevent further Bike Week fatalities. After 2006 BIke Week saw 20 fatalities of both motorcycle participants and nonparticipants, the state authorities focused their priority on road safety. In 2010 the rally had an all-time low of highway fatalities, in 2011 three were killed and in this year’s Bike Week eight deaths were reported.
The traffic congestion of 500,000 riders and a party-like atmosphere join to create a dangerous environment. Impaired drivers and riders is the largest contributing factor in Bike Week multiple-vehicle collisions, while lack of experience is the number one cause of single-vehicle crashes.
Florida has no helmet law for riders over the age of 21, and in 2011 helmet use in the state was observed at 49.3%. Before 2008 motorcycle fatalities were on a steady increase, and since that year there has been a significant drop in both deaths and injuries. The implementation of Florida’s Motorcycle Safety Coalition and the new rider training requirements that were put into place in July 2008 significantly contributed to this decrease. Florida cites “increases in motorcycle endorsements” as another reason for the drop.
The Daytona Chamber of Commerce has listed the next Bike Week as March 8-17, 2013 and will be charging a nominal fee of $5 per vehicle per day.
This article is brought to you by the Daytona Beach personal injury attorneys of Politis & Matovina. If you have been injured in a motorcycle accident do not hesitate to contact your local injury lawyer. They can help you recover compensation before your injuries and bills turn into a financial burden.
Motorcycle accidents are some of the common types of vehicle accidents and take place all over the world. Such accidents are capable of causing serious injuries and harm to the ones riding the motorcycles. Motorcycles are a lot smaller when compared to the other types of vehicles such as a car. That is why when a motorcycle collides with a car, it may have devastating consequences for the motorcycle riders.
If you have recently been injured in a motorcycle accident that you believe occurred due to the carelessness of the other vehicle, you may file a personal injury lawsuit against the responsible party. You can receive compensation by filing the lawsuit. However, in order to successfully file the claim and to win compensation, you would need first need to understand what may have caused the accident. Here are some of the common causes of motorcycle accidents:
Head on collisions with other vehicles: 56% of deaths occur due to motorcycle accidents that involve head-on collision between motorcycles and other vehicles. As far as studies show, 78% of such accidents involve a car striking the motorcycle from the front, whereas only 5% involve rear end strikes. When a car and a motorcycle are involved in a head-on collision, the motorcycle rider has zero to minimum chances of survival.
When a car makes a left-hand turn: Motorcycle riders face a great threat when a car makes a left-hand turn. Such situations are extremely dangerous for a motorcycle rider. 42% of all the motorcycle accidents occur due to cars making left hand turns. A turning car generally hits the motorcycle in situations where the motorcycle is:
These situations are also common reasons for accidents involving two cars. However, the relatively smaller size of the motorcycle makes it less visible, which is why it becomes difficult for the turning car to spot it. When a motorcycle passes cars that are within the same lane, there is a much greater threat of an accident taking place. Cars often get puzzled by the sudden maneuvering of the motorcycles.
Motorcycle accidents do occur when vehicles make left handed turns. In case of such accidents, the liability almost always goes to the vehicle. However, if it is found that the motorcycle rider was speeding or was in the wrong lane, he/she can also be partly at fault. In case if the motorcyclist is found to be partly responsible for the accident, he/she will receive lesser compensation for the injuries and damages they have suffered in the accident.
Collisions between fixed objects and motorcycles: Motorcycle accidents involving collisions between motorcycles and fixed objects are fairly common and such accidents account for 25% of deaths that occur due to motorcycle accidents. Motorcycle riders are not as protected as the car drivers, which is why when such accidents occur, the motorcyclist gets thrown hard and far. That is what makes such accidents so deadly.
Get in touch with a Palm Beach injury attorney if you are looking to file for a personal injury claim in Palm Beach.
If you have recently been injured in a motorcycle accident that you believe occurred due to the carelessness of the other vehicle, you may file a personal injury lawsuit against the responsible party. You can receive compensation by filing the lawsuit. However, in order to successfully file the claim and to win compensation, you would need first need to understand what may have caused the accident. Here are some of the common causes of motorcycle accidents:
Head on collisions with other vehicles: 56% of deaths occur due to motorcycle accidents that involve head-on collision between motorcycles and other vehicles. As far as studies show, 78% of such accidents involve a car striking the motorcycle from the front, whereas only 5% involve rear end strikes. When a car and a motorcycle are involved in a head-on collision, the motorcycle rider has zero to minimum chances of survival.
When a car makes a left-hand turn: Motorcycle riders face a great threat when a car makes a left-hand turn. Such situations are extremely dangerous for a motorcycle rider. 42% of all the motorcycle accidents occur due to cars making left hand turns. A turning car generally hits the motorcycle in situations where the motorcycle is:
- Passing the car
- Going through intersections or
- Attempting to overtake the car
These situations are also common reasons for accidents involving two cars. However, the relatively smaller size of the motorcycle makes it less visible, which is why it becomes difficult for the turning car to spot it. When a motorcycle passes cars that are within the same lane, there is a much greater threat of an accident taking place. Cars often get puzzled by the sudden maneuvering of the motorcycles.
Motorcycle accidents do occur when vehicles make left handed turns. In case of such accidents, the liability almost always goes to the vehicle. However, if it is found that the motorcycle rider was speeding or was in the wrong lane, he/she can also be partly at fault. In case if the motorcyclist is found to be partly responsible for the accident, he/she will receive lesser compensation for the injuries and damages they have suffered in the accident.
Collisions between fixed objects and motorcycles: Motorcycle accidents involving collisions between motorcycles and fixed objects are fairly common and such accidents account for 25% of deaths that occur due to motorcycle accidents. Motorcycle riders are not as protected as the car drivers, which is why when such accidents occur, the motorcyclist gets thrown hard and far. That is what makes such accidents so deadly.
Get in touch with a Palm Beach injury attorney if you are looking to file for a personal injury claim in Palm Beach.
The construction industry is an important part of virtually all sectors of America’s economy. From homes to businesses, construction professionals are needed to professionally build and maintain the structures that people dwell within, but if these structures aren’t completed or looked after properly, legal issues can result.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
Construction Law
As a result of the potential for such issues, construction law has become a very important part of most people’s lives in America, even if they don’t realize it. Construction law deals with issues surrounding the construction industry, but it also affects homeowners, businesses and more. For instance, if you own a home and it has defects in its construction that may endanger you and your family, you may have a basis to sue the contractor who was involved in the home’s construction. In cases such as these, construction law acts as a protection for the rights of those who are or may become injured as a result of construction errors.
For Contractors
Construction law also acts as a protector of the rights of contractors. According to construction attorneys Canfield, Madden & Ruggiero, in some circumstances even though everything was done correctly in the process of building a home or business structure, a tenant may claim that workmanship on the part of a contractor resulted in injury (even if the injury was the fault of the tenant). In such cases, construction law professionals can examine the claims and determine if the tenant is being truthful, thus protecting the contractor.
How Construction Law is Used
Like other legal constructs, construction law cases typically play out before a judge and sometimes a jury. In other cases, however, a settlement may be made between a tenant and a contractor through the use of an attorney. Construction law cases often require experts to be used to determine whether any fault lies with any party involved, and thorough inspections must be done in order to prove this. Construction law may also pertain itself with other laws regarding safety on a particular job site or methods used by employees or a particular contractor when completing a building project.
Concerned About a Construction Project?
If you’re currently concerned about a building project that you think may have harmed you or your family, or if you’re concerned about protecting yourself against the possibility of injury due to a construction project, you may want to seek out the services of a construction lawyer. Construction lawyers are often the best professionals to partner with when faced with construction concerns, and these individuals can help you to find peace of mind during and after the work is done.
Beyond a Lawsuit
Construction lawyers can also help you to decide what legal terms need to be entered into a contract when building a new home or business. Construction lawyers can meet with you and your builder to give you a real-world view of the potential for dangers involved in such a contract, and your construction lawyer can also represent your interests during any negotiations.
Finally, if you’re planning to have any work done to your home or business, it would be a good idea to look into services offered by organizations such as the Better Business Bureau regarding the contractor or contractors you’re considering hiring. Keep in mind that a little bit of time spent researching may help you to avoid a costly legal battle in the future.
Katie Hewatt is a legal researcher and contributing author for Canfield, Madden & Ruggiero, a construction law attorney group consisting of David Canfield, John Madden, John Ruggiero, and Lily Abramchayev. The firm provides superior representation during contract formation, construction phases, and provides dispute resolution services. The firm is an advocate for small business and the construction industry but also represents other business such as, soft drink companies, retailers, and restaurants.
October 15, 2012—San Bernardino, CA—CBS News reports that authorities are still searching for a hit-and-run driver who killed a man and injured a teenage girl in San Bernardino on Tuesday.
The accident occurred at the intersection of West Highland Avenue and North California Street in San Bernardino around 9:30 p.m. on October 9, according to the California Highway Patrol. Armulfo Antonio and an unidentified 16-year-old girl were crossing the street when they were hit by a dark sedan that fled the scene. Antonio was pronounced dead at the scene while the girl, who was possibly under the influence of alcohol, was treated at an area hospital.
The driver’s side mirror apparently came off in the accident and police are attempting to match it to the vehicle. Anyone with information about a dark sedan with extensive front-end damage and a missing side mirror is asked to contact the California Highway Patrol.
Would-be informants can also call the tip line sponsored by Bisnar | Chase, the WeTip crime hotline, at 800-6-Hit-N-Run (800-644-8678).
Hit-and-Run Remains a Large Problem
According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2010 there were a total of 147 people killed and 19,009 people injured in hit-and-run accidents. This represents about five percent of all traffic fatalities and about 12 percent of all traffic injuries. Pedestrians were four times more likely to be affected by hit-and-run drivers than any other category of victims, with 83 pedestrians making up more than half of the hit-and-run fatalities for the year.
These statistics show us that hit-and-run is not an isolated or uncommon phenomenon. The drivers who perpetrate these crimes are showing callous disregard for the lives and safety of others, and everyone should make it a priority to hold these drivers accountable, not just the victims of the accidents. Even if you are not the victim of a hit-and-run yourself, the numbers show that you could well be affected in the future, and you are also paying the costs of these accidents through higher insurance premiums whether you are a victim or not.
How Can I Help Stop Hit-and-Run Drivers?
The number one-thing you can do to help stop hit-and-run is to report any accidents that you witness. Take a moment and note the license plate number if possible. If not, get as many details about the car as possible. Immediately write these details down and report them to the police. Cooperate with officers who may want to question you or have you identify a driver at a later time.
If you are the victim of a hit-and-run, seek the professional advice of a California accident injuries attorney.
A driver’s side mirror fell off during the collision and authorities are trying to match it to a specific make and model.
Investigators say the driver did not appear to be speeding at the time of the accident.
Officials are looking for a dark colored sedan with heavy front end damage that is also missing a driver’s side mirror. Anyone with information should call the California Highway Patrol.
Press Enterprise
The accident occurred at the intersection of West Highland Avenue and North California Street in San Bernardino around 9:30 p.m. on October 9, according to the California Highway Patrol. Armulfo Antonio and an unidentified 16-year-old girl were crossing the street when they were hit by a dark sedan that fled the scene. Antonio was pronounced dead at the scene while the girl, who was possibly under the influence of alcohol, was treated at an area hospital.
The driver’s side mirror apparently came off in the accident and police are attempting to match it to the vehicle. Anyone with information about a dark sedan with extensive front-end damage and a missing side mirror is asked to contact the California Highway Patrol.
Would-be informants can also call the tip line sponsored by Bisnar | Chase, the WeTip crime hotline, at 800-6-Hit-N-Run (800-644-8678).
Hit-and-Run Remains a Large Problem
According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2010 there were a total of 147 people killed and 19,009 people injured in hit-and-run accidents. This represents about five percent of all traffic fatalities and about 12 percent of all traffic injuries. Pedestrians were four times more likely to be affected by hit-and-run drivers than any other category of victims, with 83 pedestrians making up more than half of the hit-and-run fatalities for the year.
These statistics show us that hit-and-run is not an isolated or uncommon phenomenon. The drivers who perpetrate these crimes are showing callous disregard for the lives and safety of others, and everyone should make it a priority to hold these drivers accountable, not just the victims of the accidents. Even if you are not the victim of a hit-and-run yourself, the numbers show that you could well be affected in the future, and you are also paying the costs of these accidents through higher insurance premiums whether you are a victim or not.
How Can I Help Stop Hit-and-Run Drivers?
The number one-thing you can do to help stop hit-and-run is to report any accidents that you witness. Take a moment and note the license plate number if possible. If not, get as many details about the car as possible. Immediately write these details down and report them to the police. Cooperate with officers who may want to question you or have you identify a driver at a later time.
If you are the victim of a hit-and-run, seek the professional advice of a California accident injuries attorney.
A driver’s side mirror fell off during the collision and authorities are trying to match it to a specific make and model.
Investigators say the driver did not appear to be speeding at the time of the accident.
Officials are looking for a dark colored sedan with heavy front end damage that is also missing a driver’s side mirror. Anyone with information should call the California Highway Patrol.
Press Enterprise
John Alexander, 68, a football manager who had claimed nearly £7,000 in benefits because he was ‘virtually unable to walk’ was caught playing and training with his team.
John Alexander was able to claim Disability Living Allowance after telling benefit officials that he could barely able to move.
But he was caught red handed when he was training his football team, jogging, kicking, retrieving loose balls and gesticulating from the side of a pitch.
He was caught in the act by the fraud investigators when they filmed him running, nimbly turning and passing the ball with his non league side FC Manadon in Plymouth, Devon.
Alexander, of Plymouth, admitted dishonestly failing to notify a change of circumstances affecting his entitlement to benefit between August 2010 and November 2011.
Claire Tresidder, for the Department for Work and Pensions, said Alexander had declared that he was ‘virtually unable to walk’ in his application for benefits. Mr Tresidder said that the department established that Alexander had been involved in football in a management capacity.
Footage was obtained showing him basically involved in games and being mobile at the time which was shown to Plymouth Magistrates’ Court.
The court heard he was manager at Plymouth and West Devon Combination League team FC Manadon.
Mrs Tresidder told the court that he should have declared that he was more mobile and investigators believed that his benefit would have been stopped.
The total amount overpaid was £6,737.80. Mrs Tresidder said he was repaying the money to the department out of his continuing benefits.
The benefit fraud solicitor, for Alexander, said he had suffered injuries, including a broken back, in a car accident, a fishing accident and had also fallen down the stairs.
He added the claim was legitimate when it started.
But he added that Mr Alexander was a proud and determined man and wanted to remain as able-bodied as he could. He wanted to remain in contact with the outside world.
Mr Alexander had taken medication and fought the pain to manage the club, but accepted he should have told the department.
Magistrates gave him a three-month curfew with an electronic tag.
He must remain indoors from 9pm until 6am every Monday, Wednesday and Saturday until the end of the year.
Alexander was also ordered to pay £50 of costs.
John Alexander was able to claim Disability Living Allowance after telling benefit officials that he could barely able to move.
But he was caught red handed when he was training his football team, jogging, kicking, retrieving loose balls and gesticulating from the side of a pitch.
He was caught in the act by the fraud investigators when they filmed him running, nimbly turning and passing the ball with his non league side FC Manadon in Plymouth, Devon.
Alexander, of Plymouth, admitted dishonestly failing to notify a change of circumstances affecting his entitlement to benefit between August 2010 and November 2011.
Claire Tresidder, for the Department for Work and Pensions, said Alexander had declared that he was ‘virtually unable to walk’ in his application for benefits. Mr Tresidder said that the department established that Alexander had been involved in football in a management capacity.
Footage was obtained showing him basically involved in games and being mobile at the time which was shown to Plymouth Magistrates’ Court.
The court heard he was manager at Plymouth and West Devon Combination League team FC Manadon.
Mrs Tresidder told the court that he should have declared that he was more mobile and investigators believed that his benefit would have been stopped.
The total amount overpaid was £6,737.80. Mrs Tresidder said he was repaying the money to the department out of his continuing benefits.
The benefit fraud solicitor, for Alexander, said he had suffered injuries, including a broken back, in a car accident, a fishing accident and had also fallen down the stairs.
He added the claim was legitimate when it started.
But he added that Mr Alexander was a proud and determined man and wanted to remain as able-bodied as he could. He wanted to remain in contact with the outside world.
Mr Alexander had taken medication and fought the pain to manage the club, but accepted he should have told the department.
Magistrates gave him a three-month curfew with an electronic tag.
He must remain indoors from 9pm until 6am every Monday, Wednesday and Saturday until the end of the year.
Alexander was also ordered to pay £50 of costs.
While jobs are slowly appearing as the country climbs out of recession, women are not benefiting at the same rate as their male counterparts. A recent study shows that men have taken 80 percent of the 2.6 million jobs created since June 2009, according to ABC News. While gender discrimination may not be the total explanation for this phenomenon, it does make one wonder.
As layoffs and job losses continued to skyrocket, men turned to jobs that had previously been considered dominated by females, such as retail sales. However, men also continued to dominate their previous fields, such as manufacturing. The result: fewer jobs have been open to either gender, but those that are open are less likely to be held by a female. The result is that discrimination may be a problem for many females already in the workplace and those looking for a job. According to the United States Department of Labor, which has been tracking the trends in hiring and firing, men are more likely to pick up jobs, even at less pay, than women who have been laid off or fired. When females do get jobs, it is far more likely that they will be forced to take jobs at lower pay than their male counterparts.
How Does The Gender Discrimination Affect Employment Lawsuits?
Prior to the economic recession, more men than women were likely to file employment discrimination suits based on gender discrimination. Men complained that affirmative action hiring practices unfairly discriminated against qualified males for jobs, especially in female-dominated fields like teaching and nursing.
However, given the new trends in hiring and firing, females may be more likely to have a gender discrimination case than males. According to the Equal Employment Opportunity Commission, women cannot be denied hiring, advancement, or pay increases based on gender. However, with such fierce competition for jobs, it may be difficult for women to prove that gender discrimination is the cause of their job loss or lack of job opportunity. In many cases subtle ideas may be at work that are difficult to clarify, such as an employer giving favoritism to a man who is seen as the “breadwinner” of a household rather than a female who is working to improve the family’s spending power.
How Can I File An Employment Lawsuit?
Gender discrimination lawsuits are notoriously difficult to prosecute, and it takes a professional employment attorney to handle a case of this type. Women who may have suffered discrimination due to gender in hiring, firing, promotion, or pay raises are encouraged to work with an Orange County employment attorney rather than try to handle the situation alone.
As layoffs and job losses continued to skyrocket, men turned to jobs that had previously been considered dominated by females, such as retail sales. However, men also continued to dominate their previous fields, such as manufacturing. The result: fewer jobs have been open to either gender, but those that are open are less likely to be held by a female. The result is that discrimination may be a problem for many females already in the workplace and those looking for a job. According to the United States Department of Labor, which has been tracking the trends in hiring and firing, men are more likely to pick up jobs, even at less pay, than women who have been laid off or fired. When females do get jobs, it is far more likely that they will be forced to take jobs at lower pay than their male counterparts.
How Does The Gender Discrimination Affect Employment Lawsuits?
Prior to the economic recession, more men than women were likely to file employment discrimination suits based on gender discrimination. Men complained that affirmative action hiring practices unfairly discriminated against qualified males for jobs, especially in female-dominated fields like teaching and nursing.
However, given the new trends in hiring and firing, females may be more likely to have a gender discrimination case than males. According to the Equal Employment Opportunity Commission, women cannot be denied hiring, advancement, or pay increases based on gender. However, with such fierce competition for jobs, it may be difficult for women to prove that gender discrimination is the cause of their job loss or lack of job opportunity. In many cases subtle ideas may be at work that are difficult to clarify, such as an employer giving favoritism to a man who is seen as the “breadwinner” of a household rather than a female who is working to improve the family’s spending power.
How Can I File An Employment Lawsuit?
Gender discrimination lawsuits are notoriously difficult to prosecute, and it takes a professional employment attorney to handle a case of this type. Women who may have suffered discrimination due to gender in hiring, firing, promotion, or pay raises are encouraged to work with an Orange County employment attorney rather than try to handle the situation alone.
Serious accidents can change a person’s life. Injuries suffered in accidents can eliminate one’s ability to walk, bend, or perform other basic functions. This can affect one’s ability to do their job. If the injured party was not at fault in the accident, he or she should consider discussing his or her options with local counsel.
Strict liability may be imposed for ultra-hazardous activities or in limited circumstances, but the usual cause of action for personal injury is negligence. In order to prove negligence, a plaintiff must prove that the defendant had a duty of care, that the defendant breached that duty of care, and that that care was the actual and proximate cause of his or her injuries. Every element is subject to contention in court.
Duty of Care
One can assume a duty of care or there can be a special relationship involved. Generally, individuals are expected to act reasonably when performing an act that may be reasonably foreseen as harmful.
Breach
Courts use a reasonable person test to determine whether an individual has violated his or her duty of care. According to the attorneys at www.miamiaccidentlawyers.net, reasonable behavior is subjective and the jury will decide whether the conduct comports with that test. If the defendant did not act with “caution such as a man of ordinary prudence would observe,” the defendant may have breached his or her duty.
Causation
Causation is actually split into two separate elements: actual cause and proximate cause. Proving actual cause is rarely not normally an issue. But for the defendant’s actions, the injury would not have occurred. In the event of a straightforward injury like a traffic accident, proving that the careless act was the actual cause is relatively simple.
Proximate cause is often more challenging. The test is whether the injury was reasonably foreseeable from the breach of the duty of care. Intervening events can greatly diminish the foreseeability of a particular consequence. For example, it is reasonably foreseeable that spilling water on a tile floor can lead to someone slipping and falling on it. It is probably not reasonably foreseeable that water spilled on the floor will lead to a severely hydrophobic person several feet away screaming and running out the door, knocking down another individual in the process. In that case, the panicked hydrophobic might be considered a superseding intervening factor, and the injured party may recover from that person but not the individual who spilled the water.
Proving causation gets easier as intervening factors decline.
Injury
The very injury itself is the final element of negligence and a possible point of contention. If an individual is clearly injured and the scope of that injury is known, then there will usually not be a dispute regarding this element.
However, there may be disputes as to whether there is an injury at all. In that case, hiring expert witnesses to testify that an injury has occurred will be necessary. Additionally, if an individual has a preexisting injury that becomes aggravated by a negligent act, he or she is only entitled to the difference between the existing injury and the new injury.
Injured parties should not suffer from other parties’ negligence. If you think you have a legitimate personal injury claim, contact an attorney for a consultation.
Author: Chris Bennett is a legal researcher and regular contributing author for www.miamicaraccidentlawyers.net. A personal injury claim is a serious issue and potentially a financial and physical nightmare. Miami Car Accident Lawyers will help you find an attorney that will provide defense for those involved in accidents, wrongful death, manslaughter, and robbery cases, to name a few.
When faced with criminal charges, many defendants worry that they do not stand a chance of winning their case. With careful preparation and planning, however, and a great criminal defense lawyer, defendants can arm themselves with some of the most important tools necessary to win a criminal trial.
Understanding Criminal Trials
The standard of proof in any criminal trial is “beyond a reasonable doubt”. This means that based on evidence presented, members of the jury must be absolutely convinced that the defendant is guilty of a crime. According to Cornell University’s law school, a “reasonable doubt exists when a person cannot say with moral certainty that a person is guilty.” In criminal trials, the burden of proof lies on the government, meaning rather than the defendant being forced to prove his or her innocence, the government must prove the defendant’s guilt.
Oftentimes, despite strict restrictions on criminal trials to make the trial as fair as possible, evidence is not the only thing that can factor into the jury’s determining of a guilty verdict. Without proper representation, many defendants make a number of mistakes that can lead to their incarceration.
One common mistake made by defendants is the decision not to testify at their own trial. While even the most experienced attorneys will caution some defendants against testifying, in some cases testifying may help sway jurors. In one study from Cornell University law school, researchers found that in a staggering number of cases, a defendant with a prior record opted out of testifying at their own criminal trial. While defendants often refused to testify for fear that their prior record would be disclosed to a jury, many of the defendants surveyed who failed to testify were wrongfully convicted (Blume, 2008).
Additionally, without the assistance of an experienced attorney, many defendants may offer false or coerced confessions, which can lead to a conviction. When presented with the evidence or charges against them, many defendants become exhausted, stressed or frightened, and may falsely confess to a crime. This is especially the case in instances where the suspect is a juvenile or mentally disabled, according to one study by a law professor at the University of Virginia.
Help from a Criminal Defense Attorney
While a lawyer will be provided for you by the government if you cannot afford one, hiring an experienced and dedicated criminal defense attorney offers you your best chance to win a criminal trial. An experienced attorney will help prepare you to stand trial, and ensure that you do not confess to any crimes you have not committed. They will explain the charges that have been brought against you, and work with you in the case that you will have to testify in court.
Furthermore, many experienced attorneys will be able to prevent you from having to pay for a costly trial or go to court at all by working out a plea bargain, in which an offense may simply be plead down to a lesser charge or misdemeanor, allowing you to avoid jail time where possible.
This article was written on behalf of Atty. Michael S. Berg, a Criminal Defense attorney who handles criminal felonies and misdemeanors in San Diego County and courthouses in El Cajon, Chula Vista, Vista and downtown San Diego.
