The good news is that brake failure is rarely the cause of a car accident. Typically, most vehicles have redundancy and two braking systems to ensure safety, if one fails. However, when brake failure occurs, it is often related to larger vehicles like semi-trucks or larger trucks. If you were involved in a car accident where your brakes failed, it likely was a terrifying event.
Understanding your options after a brake failure and car accident can help you determine your next steps.
*This blog was published by Silverthorne Attorneys located in Ladera Ranch, CA.
If you have been accused of sexual harassment in the workplace, the accusation can have your reputation tarnished and expose you to a financial judgment. Additionally, an accusation can leave yourself and your company in serious legal trouble under state and federal laws. Moreover, the United States Equal Employment Opportunity Commission (EEOC) can issue an administrative charge and begin a formal investigation into the claim for workplace discrimination.
If your business or a colleague is facing workplace sexual harassment allegations, it is important to seek the legal support of a knowledgeable attorney who will fight for your rights. Consider speaking to a qualified attorney who will champion on your behalf.
The Importance of Acting Quickly After an Initial Allegation
Upon hearing of the allegations, it is important to act quickly and begin protecting your interests. Begin making a detailed account of all the interactions you have had with the co-worker.
In the event that the sexual harassment claim has been filed directly with the EEOC or the co-worker has already filed a lawsuit against you, not only is it in your best interest to seek legal support, it is also important to consider all defenses available. In a sexual harassment claim, the burden is typically placed on the accuser, which means that the alleged victim will need to prove specific elements to obtain a judgment. An experienced attorney can assist in defending against such claims.
Potential Sexual Harassment Defenses in California
Depending on the facts of your case, not every legal defense will be available to you. Understanding what legal defenses could be available, however, can help you decide what will be the best course of legal action. The following is a limited list of possible defenses:
Hire the Legal Support of an Experienced Employment Defense Attorney
In every professional work environment, your reputation is the most important thing you need to protect. When a co-worker or employee has accused you of sexual harassment, the claim can affect you for the rest of your career as well as jeopardize your business’ future. After a wrongful allegation has been made against you, it is important to act quickly – consider seeking the legal support of a skilled attorney who can champion on your behalf.
The employment defense attorneys at the Knez Law Group, LLP have many years of dedicated experience protecting the rights of those wrongfully accused. Workplace sexual harassment claims should always be taken seriously and it is important to act quickly. If you need legal assistance in defending against an employment claim, contact the legal support of a qualified attorney.
Car accidents around the US cost more than $800 billion a year. They result in thousands of deaths and millions of injury cases, a lot of which are permanent. Despite the fact that there have been immense advancements on the technological front to improve car safety through equipment like assistive braking and guided cruise control, but the element of human error still remains. This includes negligence and distracted driving among other things.
Individuals have to realize that while on the road they have a moral and civic responsibility towards others as well as themselves. Protecting your life and that of those around you is your legal and ethical requirement while driving. Here are a few things that you should be careful about in this regard.
Tips to Avoid a Car Accident
Stay Attentive to Your Surroundings
There is a common notion that one of the basic assumptions while driving a car is to think you’re the only person who can see. Motorcyclists, pedestrians and other people like skateboarders etc. will come charging into your path creating a risk for massive collisions. This is the reason you have to be extra careful while on the road. Check your rear-view mirrors regularly especially when making a turn or pulling over. Also check for on-coming traffic before opening your car door in the middle of a road. Use turn signals at all times and make sure you’re brake lights are functioning properly.
Negligent driving is one of the most common causes for accidents around the US. Similarly distractions are also a major factor that contributes towards sometimes fatal accidents. Recent increases in usage of social media platforms like SnapChat, Facebook Live YouTube have been misused by people while driving. This is a step up from the traditional texting while driving. However, this has only compounded the risks immensely. The authorities advise you to avoid these practices to make the roads and highways safer for yourself and others.
Follow the Rules
It is said that ignorance of law is now excuse. Ignorance might be not knowing the law or wishfully ignoring it. Both these conditions can result in catastrophic consequences. Running red lights, overtaking out of place, traveling the wrong way or traveling in the wrong lane etc. are just a few examples of law breaking that can detrimental for you and other people as well. Saving a few minutes of your time can leave you in big trouble with more mess to clean up than you expected.
What to Do if You're in a Motor Vehicle Collision
After a car crash, there are a lot of things to keep in mind, but your safety and the safety of others involved in the collision are critical. Here are some actionable things to do after an accident:
Call RM Law Group - Serving San Bernardino and Riverside
While you should be careful about the rights of others and your own while on the road, you also have to keep your car in top shape and ensure you have all the safety features that the law requires. However, if you do get into an accident, make sure you’re prepared. Have a first aid kit on board and contacts for your insurance company and contact the car accident lawyers at RM Law Group, LLP. Our attorneys offer free consultations and can answer your questions & advise you on the best course of action regarding your specific circumstances.
The Sun posted a recent article discussing a Riverside man’s involvement in a hit and run incident. Dustin Michael Garrett was arrested for suspicion of drunk driving and causing bodily injury to multiple victims on a Saturday night at around 9 p.m. Redlands police say that Garret struck 27-year-old Dain Nuu Wells with his vehicle on Colton Avenue near Herald Street, Wells was riding his skateboard when he was struck and thrown onto the hood of Garrett's car as he was speeding down the street. Garrett fled the scene of the incident and collided with three other vehicles in the process. After colliding with the third vehicle, Garrett abandoned his vehicle and fled on foot until he was caught by police at Empire Bowl near Colton and New York Street. He was booked at the West Valley Detention Center in Rancho Cucamonga for DUI and Hit & Run, but was later released.
Fortunately no lives were lost because of this reckless driver’s actions, but that is not always the case when a drunk driving accident occurs. It is very unfortunate to think about but accidents caused by drunk drivers taken lives across this state at a staggering rate. When we send our loved ones out into the world, we always hope they will return home safely but some families are not so fortunate. If you know you will be drinking, please do not get behind the wheel or a vehicle. If you are under the influence, call a sober driver to pick you up so you can be part of the solution and not the problem. Always buckle up while you are in a vehicle and help the streets be a less dangerous and unpredictable place. You can make a difference.
Defending Your Driver's License Against the DMV
When accidents caused by drunk driving occur in California, the DMV’s first reaction against the driver is to suspend or revoke their license. If a suspension action begins, it is the driver’s responsibility to schedule an administrative hearing to fight for the preservation of their driver license. This process can be a difficult and confusing challenge if attempted without guidance. It is wise to do your research and enlist the assistance of a team that can expertly take on your case and ensure you an opportunity to prevail.
California Drivers Advocates is a team of DMV Defense Experts that can help defend California drivers at the DMV when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO of the business. Visit Rob and his team at their website or contact them at 1-888-281-5244. They will be happy to answer any questions you may have at no obligation
On February 2, 2018 at about 11:52 p.m., a two car crash occurred leaving one girl dead and several injured, reported The Press-Enterprise in an online article. Denise Canez was a passenger in a Toyota Sienna that was traveling north on Lyon Avenue and was hit by a Honda Accord that was traveling west on Ramona Boulevard in Rialto, California. The Honda Accord was traveling at high speed and failed to stop at a posted stop sign which caused the two vehicles to collide in the intersection. Alcohol is believed to be a factor in the incident. Denise Canez was only 17-years-old, she was a traveling passenger in the Toyota Sienna that was struck by the presumed intoxicated driver. Canez was pronounced dead at 12:54 a.m. Saturday at Hemet Valley Medical Center. All passengers in both vehicles were injured and taken to hospitals to receive treatment.
Imagine being the family that has to wake up one morning to a call about their daughter passing in a car accident. The heartbreak knowing a life that was so young was lost, that your loved one will never get to laugh or smile again, all because of a drunk driver deciding to be reckless & careless. Driving under the influence is illegal in California, yet so many drivers have been involved in a car accident or have been stop in a DUI checkpoint due to being over the legal limit. When a driver has been drinking and gets into the driver’s seat, they are then putting many lives at risk of injury and even possibly a fatality.
When an unfortunate event like the one described in the article above occurs, the victims have rights to compensation. Negligent parties can be held responsible and victims have options like to file a claim and settle with their insurance companies, or hire an attorney and pursue a larger case or claim to fully protect their rights. Insurance companies will often try to hurry and settle the case and typically at a lesser amount that what may be achieved when fighting the claim, victims can lose out on a lot of money because many factors are overlooked and under compensated. With an attorney, they can file claims or pursue jury trials to recover more compensation for their clients. In a case like the one above, since a life was lost the family can file wrongful death claim for the loss of their daughter and work with the attorney towards receiving compensation. The battle does not simply end because the victim is deceased, the family still has rights.
The family in this case could go after compensation for the loss of their daughter regardless of any criminal charges brought by the County District Attorney’s office against the negligent driver. If you or anyone you may know is in a similar situation, find an attorney who is experienced and has a background and experience. For the case above, an attorney with a background in wrongful death lawsuits could pursued to help fight for the best outcome for the case. Justin H. King is an experienced personal injury attorney that represents victims in Ontario when they have lost someone due to someone else’s negligence. His firm, the Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims.
Criminal laws are like a deep ocean that only legal experts can successfully navigate. There are so many nuances relating to the criminal law that it can cause analysis paralysis and create more confusion for a layman.
Here we try to simplify important legal terms for our readers' knowledge. One important legal principle that we will shed light here is the 'principle of legality'. What does it mean? How does it affect a criminal case? You will find out the answers here in this article.
A Close Look at the Principle of Legality
The principle of legality is one of the most fundamental concepts related to the criminal law in the US. The law offers protection of the legal rights of a person who faces a criminal charge. It is taken from the Latin phrase "llum crimen sine lege, nullapoena sine lege", which simply means no crime without punishment.
The main purpose of the principle of legality is to prevent a person from being wrongly charged with a crime. It ensures that the state or the federal body does not violate the basic human rights. No person no matter what is his or her nationality, race, age, gender, or class can be convicted of a crime without a fair trial.
Another connotation of the principle of legality is that a person cannot be charged with a crime if it does not constitute a criminal offense when the crime was being committed. Also, the person cannot be imposed a heavier penalty if it was imposed after the crime was committed.
The principle of legality implies that the jury cannot issue a verdict against a person if the action was not prohibited when the crime was committed. Also, it disallows a judge to lean in favor of any verdict that has been given without any reasonable or clear justification.
Get Help of a San Bernardino Criminal Defense Attorney
While the principle of legality, in theory, protects a person from being wrongly convicted of a crime, in practice mistakes sometimes happen. A person can be wrongly convicted of a crime if there is no adequate legal representation. That's why it's essential that a person facing a criminal conviction should get the help of an attorney who specializes in criminal cases.
A professional criminal law attorney in San Bernardino will look at all the evidence to ensure the person gets a minimum possible conviction verdict. The legal expert who specializes in criminal law will know when to appeal and when to accept the verdict of the jury. Getting the help of a criminal law attorney will help in getting the minimum possible penalty for an offense.
A recent swimming pool accident had a near-tragic ending for a local USC student. Diving in headfirst, the student underestimated the close proximity of the bottom of the pool causing severe spinal-cord injury. The harrowing incident ultimately left the student quadriplegic. While the young student is slowly regaining movement, his recovery will undeniably be a difficult one.
Fortunately, the student’s life was saved after onlookers noticed he was not resurfacing. Benefactors quickly sprung to action and managed to pull the victim out of the swimming pool. Although the young student’s life was saved, many swimming accident victims do not share similar results. Based on research conducted by the Centers for Disease Control and Prevention, an average of ten people die from unintentional drowning per day. Further, a staggering 50% of all emergency, nonfatal victims suffer long-term implications. These long-term implications can result in the permanent loss of basic body functioning as well having to cope with life-long learning disabilities.
Harboring Safe Swimming Facility Usage
While swimmers can actively practice safe facility procedures, swimming pool injuries and fatalities can nevertheless occur due to a lack of swimming area maintenance. Unkempt swimming areas are at times a direct result to injuries. Many of these dangerous recreational facilities include:
What to Do in the Event of a Swimming Pool Accident
While many accidents can occur without fault or intention of the victim, but knowing what to do in the event of one can be life saving. The following steps could potentially help to ensure your safety and legal protections in the event of an accident.
Contacting a Legal Professional
Preventative measures for swimming pool accidents are abundant. While a user can utilize lifejackets, take swimming classes, and proactively obey all posted signs; accidents can occur without notice or warning. The rates for swimming pool accidents become greater as recreational areas are unkempt and ultimately become accident-harboring areas. Swimming area accidents can quickly result in injuries that could cause the loss of a job, immense surge of medical bills, and personal injury that could have permanent and irreversible damages. When an accident occurs, it is important to consider your rights. Contacting a legal professional who will champion for your rights and oversee your case can be beneficial.
Justin H. King is a personal injury attorney who fights for victims after serious and traumatic injuries occur due to the negligence of someone else. If you or someone you know was recently victim to situations like the ones in this article Justin can help. His firm, The Law Office of Justin H. King helps victims who have suffered spinal cord injuries and other related serious injuries. You can learn more about Justin and his experience and awards on his attorney profile page here, or obtain his contact information for scheduling a no obligation, absolutely free consultation on his contact page.
29-year old Leonardo Daniel Torres, 25-year-old Leeonna Mae Marquez, and 36-year-old Raquel Acob were all arrested on suspicion of possession of a stolen car, reported The Press-Enterprise on an online article. Torres was the driver and led law enforcement on a car chase after he failed to follow directions of a peace officer near Victoria Gardens at the intersection of Church Street and Victoria Gardens Lane in Rancho Cucamonga. Torres sped off after failing to listen to the officer and the chase pursuit began immediately. The chase covered several residential and city streets and reached speeds over 70 mph, but soon ended when the three tried to flee the car and were soon caught by trailing officers. Torres is facing another charge on top of suspicion of possession of a stolen car, he is also facing evading a peace officer and has a set bail of $100,000. As for the other two, Marquez and Acob, they have a set bail of $50,000 and officers are still investigating further theft charges against all three.
All three of the suspects are now looking at criminal charges which could result in time in jail as well as costly fine, fees and even restitution. If charges are brought, and convictions follow, the lives of these individuals will never be the same. Debt, damage, criminal convictions and license suspension or revocation are all things these suspects could have to face. The quick mistake and decision to break the law as well as the potential outcome of charges placed on them could follow them for a lifetime.
DMV Driver Safety Offices
Regardless of criminal charges in County Courts brought by the County District Attorneys’ Office, the California DMV is obligated to keep drivers safe by removing unsafe motorists and they do this by suspending or even revoking unsafe driver’s license in administrative hearings at DMV Driver Safety offices throughout the state. As the California DMV is separate from California criminal court, the DMV has the control and power to go after a driver’s license when a situation like the one in this article occurs. If a driver is caught in this situation it is important for them to do their research in order to find a team who has experience with negligent operator hearings and that can expertly represent them to defend their ability to drive. It is crucial to find a DMV Defense Expert that will dedicate their full time and effort into the case to ensure the client will receive the best possible outcome in their favor.
California Drivers Associates is a team of qualified and experienced DMV Defense Experts that can help defend drivers at negligent operator hearings when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO and is a Distinguished Graduate of the Los Angeles County Sheriff Academy and the Los Angeles County Sheriff’s Special Weapons and Tactics School. As a member of an Orange County DUI task force, Mr. Collier has made more than 1,000 arrests for DUI. He has also written or reviewed more than 4,000 DUI arrest reports. Visit Rob and his team at their website or contact them at 1-888-281-5244 as they will be happy to answer any questions you may have at a no cost obligation.
New York is a popular vacation destination for Californians and vice versa. Californians visiting the East Coast, especially outside New York City, may find it necessary to rent a car in order to get the most of their vacation. For the most part, a California driver’s license extends your driving privileges to New York and the other 48 states. However, it means big trouble if you end getting hit with a speeding ticket or other traffic violation while in New York.
If you think you can just ignore a ticket you get while out of state, think again. New York and California (along with 43 other states and D.C.) all share driver information with one another. As such, California’s Department of Motor Vehicles (DMV) will be notified if you receive a speeding ticket while on vacation or business in New York. The same is true if you have a New York license and get a ticket while in California.
CA vs. NY Drivers' License Points
California almost always assesses points against you for any tickets received while driving out of state, including tickets convicted of in New York. However, the two states have very different point systems.
California assesses one point against your driving record for the vast majority of traffic violations, regardless of where they occur. Exceeding the speed limit, for example, is a one-point violation, whether you drove five miles-per-hour over the limit or 25. The same is true of minor offenses such failing to use a turn signal, red light violations, texting while driving, etc. Serious violations such as drunk driving, hit and run, reckless driving, or even driving on a suspended license are two-point violations. Points will linger on your driver’s license for 39 months after the date of the violation (three years and three months). A California driver can see his/her license suspended or revoked if he/she accrues either four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months.
While California will never assess more than one or two points per violation, New York’s point system is much more complicated. Each violation can result in a different number of points. For example, red light violations carry three points, but texting behind the wheel carries five points. A ticket for speeding varies depending on how fast you are going:
In New York, drivers who end up with 11 or more points on their license will have their licenses or driving privileges suspended. For California drivers, that may seem like a lot, but it is an easy amount to reach using NY’s point system. For example, drivers in NY who are caught and convicted of both texting while driving (five points) and driving 22 mph over the limit (six points) will have their license suspended. In California, those violations would only incur one point each.
What do NY’s points mean for California drivers? Drivers from California who accrue 11+ points based on New York’s point system will see their driving privileges within NY suspended. This suspension will be noted by the CADMV which has the right to “honor”the suspension. But even if it doesn’t, CA points that result from a NY ticket can lead to suspension in CA just like any other CA points.
What Fine Will CA Drivers Pay in NY?
Drivers from California who get ticketed in New York will end up paying a fine to New York. The agreement between CA and NY means that the latter sets the fine. California cannot collect a fine for an NY traffic ticket and will not charge drivers for the equivalent violation in the state.
In New York most ticket fines start at $150 but can be more than $600. Each ticket will also come with a mandatory surcharge of $88-$93 per violation, in addition to the fine itself. That means the above example of a texting while driving and speeding 22mph over the limit could cost $636 ($150 fine for texting, $300 fine for speeding, and a $93 surcharge per ticket).
That’s not all! Drivers who receive six or more points in NY will also be subject to what the state calls a Driver Responsibility Assessment (DRA). A DRA costs drivers, even those out of state, $100 per year for the next three years ($300). Each point over six costs an additional $25 per year for three years ($75 total). Again, using the above example, which would result in 11 points, the total cost would be $1,311--$636 in fines and surcharges, plus a base DRA of $300 and $375 ($25/point x 5 points x 3 years) for each additional point up to 11.
That’s not even getting into the cost of reinstating driving privileges.
How an NY Ticket Impacts CA Auto Insurance
Unfortunately, the fines, surcharges and DRAs are not even the most expensive part of getting a ticket in New York. The worst comes when your auto insurance provider gets wind of the violation. A simple speeding ticket can increase your premiums by as much as 21%! In California, the average premium is around $1,962 each year, which means that same ticket could result in an additional $412 per year for at least three years.
What Should California Drivers Do?
Drivers with a California license who get a ticket while in New York have options. They could pay the ticket, but the risk of high fines and the potential impact on auto insurance premiums make that the least desirable choice. The best bet is to hire a skilled attorney with experience fighting tickets in New York, including for out-of-state drivers.
ABOUT THE AUTHOR
Adam H. Rosenblum, Esq. is the principal of The Rosenblum Law Firm. The Rosenblum Law Firm’s skilled criminal defense and traffic violations attorneys have 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.
Class action lawsuits can occur when multiple individuals band together to sue a company. The case is brought up in the court when different individuals have suffered the same kind of losses at the hand of the company. The lawsuits usually seek damages amounting to millions of dollars, which can cause great financial difficulties particularly for a small business owner.
As a business owner, you should do everything in your power to minimize the risk of a class action lawsuit brought against your company. This is because the cost of the legal fees along with the monetary compensation paid to the plaintiffs could force your business to a halt. There are even websites dedicated to tracking class action lawsuits.
So, how can you avoid a class action lawsuit? Keep reading to find out some tips that can help business owners to minimize the chances of a class action lawsuit.
1. Think Twice Before You Say or Do Anything
Actually, this heading should be: 'think ten times before you say or do anything'. This is because whatever public announcement that you make or actions you perform could spark a class action lawsuit against your business.
Avoid making any statement that might be considered libelous or slanderous. Also, you should consider the legal implications of an action before making any decision. Consider consulting with an experienced business lawyer to know about legal ramifications before making a statement or taking an action.
2. Do Everything by the Book
Another advice to avoid the risk of a class action lawsuit is that you should do everything by the book. You must get acquainted with and follow the law by the letter. When facing a class action lawsuit, you will have a better chance of a favorable outcome if you had made sure that you did not violate any state or federal laws. Again, hiring a professional business lawyer is recommended as you can know about the legal nuances regarding different aspects of the business.
3. Clearly Define Performance Expectations
Another tip to avoid a class action lawsuit is to clearly define the performance expectations regarding job duties and roles. It's important to document the job duties and performance expectations. Employees must clearly know what they are expected to do, and how their performance will be judged.
In case you have terminated a group of employees based on performance issues, you need to provide evidence in the court about the cause of the termination. This will prove invaluable in ensuring a positive outcome relating to a wrongful termination case.
The above three tips can greatly help in minimizing the risk of a class action lawsuit. You should also consult with an experienced business lawyer to draft an arbitration clause. In this way, if an employee or a customer files a case against you in the court, you can request for the dispute to be decided through arbitration.
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