Car Accident Basics – Finding Fault

A car accident can cause a great deal of confusion. Regardless of what happens, you’re going to find a lot of issues that are looming. There are a lot of different issues that may rise on a legal level, and knowing what your rights are is very important overall. You may have to file a claim with your insurance company, and you may have to get legal help, but how do you move ahead? If you’re not sure what to do or how to move forward, consider a few notes on accident issues overall.

Liability  

The first thing that is important is simple, you need to know who is liable. You may not know this at first glance, especially when accidents occur.

Legal Duty – the first thing you need to understand is that there’s a legal element involved with driving. You are legally bound to adhering to the rules of the road.

Duty Breach – when an accident occurs, the notion of a legal duty changes. It is breached, because someone has not followed the rules of the road. If one driver could’ve been more careful, and avoided issues, then they would be at fault. Proof of course would need to be had.

Injuries – someone may be at fault, but in order to move forward with a claim or with getting legal help, injuries may help the issue become more clear. A drier may be negligent, for instance, but that doesn’t mean he’s at fault under the law. However, if there are injuries, the definition may be a bit clearer.

Sharing Liability

In some instances, there may be a shared liability that comes into play. This is where legal professionals have to focus on moving forward with figuring out who is truly at fault, and who is going to be responsible for damages, and medical bills. What makes this more complex is that there are fault states and no-fault states. This makes things quite difficult to manage without knowing exactly where you are and what the laws are in your state.

If you are involved in a car accident, you should consider safety first. Then contact your insurance company, local authorities, and try to remain calm. After that, you should consider legal professionals to assist with figuring out what your rights are, and what financial parameters you’ll have to navigate as well.

Orange County Car Accident Attorney

New Road Rules For California in 2016

With a new year comes a lot of new laws, and if you are not aware of them, you could be cited for a fine. Ignorance is no excuse in today’s legal world, so you’ll need to be aware of what’s going on in terms of changes to the road. If you’re going to drive on the roads, you need to know these crucial changes that have come to the California roads. These are just a handful of the changes that are now in place, and you may find yourself needing to adjust swiftly.

Yellow Alerts Now In Place

When there is a hit and run accident, information about the driver will now be placed in what are known as “Yellow Alerts”. This will include television, radio, and cable companies posting partial license plates, and information about the vehicle in question, as to find people that have been involved in hit and run accidents, where someone is injured or even dead.

Broader Lanes 

Bicycles are now required to pull over to the side and allow vehicles to pass if they are slower than traffic. Bicycles need to use turn outs and areas that are away from vehicles if there are more than 5 vehicles waiting.

Motorized Skateboards (Hoverboards)

With the popularity of these things, more specific laws are now in place. For instance, a person must be 16 years or older and wearing a helmet when riding these in public. The speed limits are 15 miles per hour on sidewalks and other areas where pedestrians may be allowed. However, a maximum speed of 36 miles per hour is now in place. A new law in place has been placed in regards to operation at night, no longer being lawful unless there are lights on all sides of the board including reflectors as well.

Electric Bicycle Changes 

Electric bicycles that have motors less than 750 watts now have a few changes to their rulings. There are 3 major classes, but the rules cover each one. The latest change makes it illegal to change electric bicycles, ones that have a motor and require pedaling as well, to run faster. Altering the motor is now illegal. Riders do not need a license, registration, or any elements that a motorcycle rider would need, and must stick to regular laws as posted.

These laws are just a handful of changes that have come to California in 2016, and there’s a lot more to explore. However, these changes are some of the more prominent at the present.

Orange County Personal Injury Attorney

What To Know About Elder Abuse and Neglect

Elderly individuals can be abused, and neglected. People don’t immediately think about the elderly, but it’s absolutely something that you should consider about this. There are some signs that you should consider in this regards, especially if you have a neighbor, friend, or family member that is older in the years. As such, consider a few notes in regards to this serious issue.

What Constitutes Abuse? 

First and foremost, it’s imperative to understand the elderly individuals don’t always have the cognitive resources to help themselves. They can be mentally and physically frail, even though they may not want to admit that. Many senior citizens have care takers and helpers, but and are susceptible to various issues. Neglecting them, hurting them by physically hitting them, withholding food and more can be difficult overall as well. These are issues that constitutes abuse.

Other forms of abuse can be found within emotional issues such as berating them in public or private, ignoring them, and more. Sexual abuse is also something that happens quite frequently, and doesn’t always come in the form of physical contact.

Financial Exploitation Problems

Aside from the physical and mental abuse that many elderly people may be subject to, there is also a financial issue at play. Financial exploitation is something that many people have to deal with. Misuse of funds, stealing money, credit cards, and much more is something that can be constituted as abuse and exploitation that occurs a great deal.

Healthcare Issues And More 

In some instances, caretakers and unethical individuals will use Medicare to create fraudulent elements. Healthcare fraud can isolate drug abuse, getting referral money, and even overcharging. Healthcare fraud and abuse run hand in hand in many cases.

Preventing Elder Abuse 

Finding ways to prevent elder abuse is a very important thing to consider. The biggest thing to do is to listen to seniors and caregivers that have concerns. Intervening is paramount, and should not be something that you hesitate about. Educating others, and make sure that you report individuals, and even services that are targeted elderly individuals is also crucial.

Elderly people may find themselves dealing with a variety of issues that could cause them to be targeted by nefarious individuals. This can be anything from depression, isolation, and difficulty with simple tasks on their own. It’s important that family members and friends should consider adult day cares, and other things that can help elderly people not stay alone or become targets of abuse. If there’s any issues that rise up, it’s imperative to report, discuss, and take action in regards to abuse.

Elder Abuse Attorneys Orange County

Focusing On The Rules of Liability In Injury Accidents and Legal Cases

When you look for the definition of liability you can simplify it to mean fault. Simply put it means that there is something or someone that is at fault. Whether it’s a person or a business, someone is to blame for issues. Whether it’s due to personal injury or damage to a piece of property. If you do not understand liability you will not be able to figure out what the right settlement may be.

Clearly Liable 

First and foremost, in some cases the liability element is easy to identify. You will find that in car accidents for instance, you’ll find that insurance companies will make judgement calls fast. In fact insurance companies will usually settle if there’s a clear liability element in place. It’s easy to work with a suit here and you may not have to hire a lawyer. Take into account the issue at hand in terms of an accident. If you are involved in an accident where you are hurt, damage comes to your property, and there’s a clearly liable party, a claim can be filed and settled fast.

Lack of Clarity 

When things get difficult to put responsibility on things get tough to deal with. When there is a “grey” area in terms of who may be to blame insurance companies will not immediately move with a claim. You’ll also find that getting compensation will be difficult and hiring a lawyer is going to be absolutely important. Hiring an attorney is absolutely important here because you will have two people arguing that they are liable.

The Burden of Proof

At the core of this issue someone has to be at fault in order to move forward. Whether you have insurance companies involved or not someone has to take on responsibility or have no clear fault in mind. Litigation makes the burden of proof become a major center point to consider. Recognizing this is the key factor in getting insurance companies to pay out or for injuries and medical bills to get covered by another individual. Determining fault is difficult in some instances which is why legal professionals should be called in when there’s no defining line.

Orange County Personal Injury Attorneys

At What Age Can A Child Be Left Home Alone?– Legal Notes

When it comes to the law age is often a factor in many different dealings. When it comes to certain gray areas however, it can be difficult to manage the right options. With that in mind consider what age a child is old enough to be left alone. There is no hard and fast rule about this but it’s important to consider moving forward. Taking a look at the law consider the following elements in regards to this notion.

State Rights

Every state has a different set of laws that can dictate child abuse and much more. In regards to being left alone, well, only a few states have put this into the books. Texas, Oregon, and Maryland are just a couple of states that discuss age limits. The minimum age in these states is 10. There are some  states that have lower age limits.  A good example of this is Maryland whose age is age 8. You can always investigate a bit more in regards to this but chances are the age is no lower than 8 if there is any mention of all.

Parental Rights

In the letter of the law you’re going to have to consider that parents have the majority of the legal elements. Parental rights extend in regards to responsibility of caring for a child. That includes deciding on whether or not you will watch them in the home or not. However, if something were to occur, lack of supervision becomes a matter of legal problem. In most cases it’s a misdemeanor. Parents can train their children for emergency issues but more often than not the law looks at the parent as the legal responsible parties when something goes wrong.

Preparation Is Key

Deciding on whether or not your child is ready to be left alone is tough at first glance. Only you can do that. You’re going to need to take into consideration of several different elements in this regards. Some children mature faster than others so you’re going to need to consider that. If you’re going to leave your child alone prepare them for anything and everything so that you can cover your proverbial bases. Furthermore don’t leave them for long periods of time alone focusing on no more than around 30 minutes at a time and going through preparation as such.

The law can be somewhat difficult to manage. If you are in doubt consider consulting a family law professional to help you understand this issue better. In most instances nothing will go wrong but being prepared is key moving forward.

Child Abuse Attorney Orange County

Simple Steps To Understand The Probate Process

Probate is a legal term that comes up when dealing with administering an estate. You’ll find that this is in fact something that many people deal with and could end up in a complicated mess. This has everything to do with settling debts after someone has passed on. Whomever is named in a last will and testament may have to deal with probate issues in court. There are some steps to consider in this process that could alleviate the tension a bit.

Filing Petitions 

First and foremost a petition has to be filed from the heirs and any beneficiaries that are named in the will. The petition has to name an executor or administrator of the estate that has been left behind. This petition gets published publicly through newspapers, etc. Creditors that are owed money by the decedent will be notified here.

Court Appointments

There will be a court appointment issued when the petition is filed. Once that is in place representatives of the decedent will have to notify all creditors to look at the estate and take inventory. Claims will then be made on inventory. If values of assets cannot be done an appraiser will need to be called into look for non-cash elements.

Figuring Out Legitimacy

The representative of the estate will have to look to see what debts are in fact valid, and which ones will be paid from the estate. This includes having to decide what to sell, liquefy, and move forward with final bills. These all have to be paid from the estate itself.

Distributing Leftover Assets

After bills have been paid, creditors are satisfied, and the estate is left alone, the main representative will petition the court once again and ask for permission to distribute assets according to the last will of the decedent. From there paperwork is written up and financial non-cash assets and more will be distributed to the beneficiaries overall.

The above is a simplified probate process. Of course there is more to this than mentioned above but to get a picture of what many are dealing with, you can refer to the steps mentioned above. When in doubt it’s best to hire an attorney that can deal with the paperwork and other issues that abound within the confines of probate court dealings, petitions, and beyond. It’s difficult to do this alone but it is not impossible either.

Orange County Probate Attorneys at Gokal Law

Finding Fault When A Dog Bites In Idaho

It happens all the time, people traverse their daily routine only to find themselves in a tricky situation. For instance, in Idaho, a person could be bitten by a dog. Who is responsible for this? In the state who is liable for the injury that could be sustained by an individual that is bitten by a dog?

There is no federal law in regards to this which means the defining elements have to be within the state’s rights. Arguing this option requires a bit of information as to the nature of the issue but to define this in a simple manner it falls under the jurisdiction of the local courts. In other states the dog owners are completely liable. However Idaho doesn’t fall into the same framework as other states unfortunately.

The state supreme court in Idaho actually put on the books a simple rule of thumb that is going to illustrate the answer here. The owner of a domesticated pet is liable if they know that their pet has a vicious streak and can be dangerous.

Proving The Case 

This may seem confusion at first glance but it’s actually easy to understand when you break down a few things. Consider the notion of proving a case in this regards. A dog has bitten a man and they take the owner to court. The court has to see documentation that the dog has had previous incidents or acts that are on record. You cannot just say the dog’s breed is vicious nor can you just say that the dog was vicious without proof that there are other issues at play.

Modified Comparative Negligence

To make this a bit difficult in legal terms the state of Idaho has this law in place. Negligence in this case focuses on whether or not the victim in question provoked the animal. If they did there is no case and the owner is not liable. This becomes a difficult matter to navigate alone.

At the end of the day it’s best to consult a lawyer to fully grasp what can be done in Idaho if a dog bites you. Otherwise you’ll have to navigate the tricky letter of the law and hope for the best.

Orange County Personal Injury Attorney