Distracted Driving: The Only Cause of Car Accident all Drivers may be Guilty Of

As more and more cars continue to populate U.S. roads and highways, the influx of information on the necessity that drivers should be totally focused on the road while driving becomes more vital. Drivers know very well that even a couple of seconds of distraction can lead to danger; a mistake that can result not only to property damage, but to bodily injury or death too.

Besides medical malpractice and abuse of prescription drugs, car crashes are included in the list of the major causes of deaths, especially among teens. Of the more than five million accidents occurring each year, no less than 30,000 result to someone’s death, while more than two million end up in injuries.

Different studies conducted the National Highway Traffic Safety Administration (NHTSA), show that a greater percentage of road mishaps are due to teens more than adult drivers. This is because adult drivers are more experienced on the road, making them more responsible while behind the wheel and more prepared to react correctly during road emergencies. This maturity and experience are shown in the fact that a much lesser number of adult drivers are involved in drunken driving, speeding, violation of traffic rules (such as making illegal turns, running red lights, etc.) and, most especially, distracted driving.

Distracted driving, which is veering one’s attention to something else while behind the wheel, is a growing concern among teenage drivers. Though all drivers are probably guilty of being distracted once upon a time in their driving career, distractions are more frequent among the young, many of whom tend to underestimate and fail to recognize dangerous road situations.

According to the Law Offices of Ronald J. Resmini, LTD, we live in a high-paced world where multitasking has come to be the norm. But the highway is not the place to be doing anything other than driving. Anyone who gets behind the wheel of a car should only be focused on only one thing: the road. Doing anything else while driving that creates a distraction, even for a few seconds, can be deadly.

Perhaps the most dangerous distraction is texting, which increase the likelihood of a crash by 23 times. Other distractions include:

  • Talking on a cell phone
  • Rubbernecking (looking at roadside events or accidents)
  • Adjusting the radio
  • Choosing or inserting CD
  • Eating or drinking
  • Grooming, for example brushing hair or applying makeup
  • Setting the GPS
  • Reading
  • Consulting a map or written directions
  • Disciplining children
  • Unrestrained pets
  • Reaching for fallen objects
  • Talking to passengers

When you’ve been seriously injured or have lost a family member in a motor vehicle accident that was caused by someone else, you may be entitled to make a claim for compensation for your injuries against the person who caused your accident, the company or government entity responsible for causing or allowing a hazardous road condition, or a manufacturer of a defective vehicle or one of its parts.



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Federal Mandates that Prohibit Unfair Lending Practices

From 2007 to 2014 around 4.2 million homeowners in the U.S. lost their home due to foreclosure. Foreclosure, according to the U.S. Department of Housing and Urban Development, is a legal process wherein a creditor or mortgage lender, most often a bank, puts up for sale a loan collateral (a house) in order to recover unpaid mortgages from a borrower. The process that leads to foreclosure usually starts after three successive months of delinquency in the payment of mortgage.

There are two major types of foreclosure: judicial and non-judicial. In a judicial foreclosure, the creditor or mortgagee is required to file a case in court to start the foreclosure procedure on a homeowner’s property. The several months that it takes for this procedure to be completed, though, somehow works in the latter’s favor as this will actually give him/her the chance to raise a legal defense that may save his/her property. There are a number of foreclosure defenses that have been resorted to in the past. These defenses have helped homeowners save their property. A seasoned foreclosure defense attorney may be able to help a homeowner learn which among the following arguments will best work in his/her case:

Servicemember on active duty.

If a creditor filed a case in court to start a foreclosure on a homeowner’s property, the latter is allowed to write the court to request for a postponement of the foreclosure proceeding. Protection against mortgage foreclosure is just one of the many types of protection provided by the Servicemembers Civil Relief Act (SCRA), formerly called the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), for members of the military entering active duty.

Unconscionable (unacceptable) mortgage term.

This happens when a creditor/lender takes advantage of, misguides and deceives a borrower by designing a mortgage loan contract that is actually intended to make mortgage payment impossible, giving it the opportunity to seize and foreclose upon a homeowner’s property.

State procedures were not observed by foreclosing party:

In a foreclosure procedure there are steps that the foreclosing party needs to observe, such as serving the loaner a notice of default and giving the borrower 30 days to make a payment after the notice of default has been issued. Failure to observe any of the steps required in the foreclosure procedure gives the borrower the legal right to defending against such foreclosure.

Foreclosing party cannot prove ownership of mortgage:

There are times when the foreclosing party is not able to present ownership of mortgage. This is a common case wherein a mortgage contract has been purchased by different companies, so that ownership of the contract has passed from one owner to another.

A serious mistake was committed by the Mortgage Servicer: A juridical foreclosure may be challenge based on the following mistakes by the mortgage servicer:

  • the payment you made was credited to the wrong loaner.
  • imposition of too much fees or collection of fees not approved by either owner or
  • stating an amount much higher than what you are supposed to pay.

Unfair lending practices was employed by original lender: if lenders violated any law mandated either by the state or federal government which was intended to protect borrowers from unlawful lending practices, then their the foreclosure they filed can be challenged by loaners or owners of properties. The two federal mandates that prohibit unfair lending practices are the Home Ownership and Equity Protection Act (HOEPA) and the Truth in Lending Act (TILA).

According to the law firm Gagnon, Peacock & Vereeke, P.C., “For most people, the home they live in is the most important possession they will ever own. That’s why a foreclosure on their home can be one of the most challenging experiences to go through. Not only can a foreclosure cause lasting damage to homeowners’ financial standing, but it can also deprive them and their families of the place they have called home for years. Sadly, there are far too many situations in which lenders wrongfully foreclose on a home.

Wrongful foreclosure can be an extremely difficult thing to go through, but with the help of qualified legal counsel, homeowners can fight back to protect their rights and do everything they can to keep their home.”


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Different Drug Crimes

Different Drug Crimes

A criminal charge involving drugs is probably one of the most devastating thing that can happen to a person. Not only does criminal charges have direct consequences such as time in prison, it can also have indirect consequences like reputation and employment issues. It is good to know that these charges can be defended with the help of legal professionals, like Truslow & Truslow.

But do you really want a criminal charge in the first place? Of course you don’t, and that is why prevention is always better than cure. Your first step to completely prevent criminal charges involving drugs is to know the different kinds of offenses that you can be charged with.

Drug Distribution

Drug distribution, also commonly known as drug trafficking, involves the selling and transporting of illegal drugs. You can be charged with drug distribution if you possess drugs and have intention to sell them. You can also be charged with drug distribution if you are distributing controlled substances, such as prescription medications.

Drug Manufacturing

Drug manufacturing refers to the creation or cultivation of drugs, like methamphetamine and marijuana. If you have been involved in the process of creating and cultivating, you may be charged with drug manufacturing. Typically, you may only be charged if you have possessed an element in the creation or cultivation process, like marijuana seeds, and if you clearly have the intention to create or cultivate it.

Drug Possession

If you are in possession of an illegal drug, regardless of your intention of personally using it, distributing it, or selling it, you may be charged with drug possession. Possession means that the person has physical control of the property and he can determine its fate, whether to use, distribute, or sell it.

Being charged with drug distribution, manufacturing, or possession can be a very traumatizing experience, but the key thing that you should know is that your case can be defended, especially if it is only amplified by exaggerations and misunderstandings.


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What if the Dog Responsible for Your Child’s Injury is Your Own House Pet?

The lovable traits of dogs and the number of dog bites reported in the U.S. every year simply present a contrast. It wouldn’t be a surprise if one would ask, how it can be possible that a fun and loving animal, such as a dog, could be responsible for as many as 800,000 bites, many of these requiring emergency medical treatment, some necessitating re-constructive surgery, while a substantial number too being fatal, especially if the victim is a baby or a child (below nine years old), or a senior citizen.

Dog owners are fully responsible for the care and health of their pet dogs. This responsibility includes making sure that their dogs get their daily dose of exercise, besides giving them the right food on timely intervals. Dog exercise, according to dog experts, should be a part of a dog’s regular activities. Being energetic animals, a dog’s unspent energy can be directed to destructive chewing, constant scratching on the wall, door or floor, knocking over of furniture, whining, digging, jumping up on people, play biting or rough play. Though a sad fact, but many owners realize too late that unused energy can make their pets injurious, even to them, but most especially to their children.

The website Hankey Law Office says that dogs are natural predators, and are capable of inflicting great physical damage on – or even killing – a person very quickly. Some dogs are inherently aggressive and may have a history of attacks; others may be otherwise docile pets which attack without warning.

Expert and concerned dog owners agree that dogs may actually be dangerous, but this is limited to certain breeds only. Among the many breeds of dogs in the U.S., the ones identified by experts as the most dangerous are the Rottweiler and Pit bull terriers (and their mixes). It may be surprising to know, but in a number of states, courts have even given police officers permission to shoot Pit bulls if these show any threat of attacking or biting anyone.

Children are always the ones at risk from dog bites due to: their natural curiosity, which may cause them to unintentionally provoke a dog; their play behavior, which can appear challenging or irritating even to a normally patient dog as well; and, their inability to recognize the warning signs of a dog attack and to defend themselves when a dog actually attacks.

Victims of dog bites or dog attack can pursue legal action. The only question is, what if the dog responsible for the injuries or, sadly, death of your sibling or child is your own house pet (this has been the situation in so many instances). A competent dog bite lawyer (also called a personal injury lawyer) may be able to help clarify the legal matters concerning such issue.


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Causes of Boating Accidents

As the boating season begins, the U.S. Coast Guard is, once again, reminding all boaters to boat responsibly while on the water. This means not operating a boat or any other water vessel recklessly, always making sure to wear a life jacket, taking a boating safety course; getting a free vessel safety check; and avoiding consumption of any impairing substance, the first of which is alcohol.

The U.S. Coast Guard maintains that the major type of water-related boating accident is collision of two boats. In 2008 alone, this type of accident numbered to 1237, injuring 856 and taking the lives of 60 others.

Boat collision is a result of the any one or a combination of any of the five major contributory factors in boat accidents. These factors include:

Operator inexperience. For the 15 years, operator inexperience has been the top factor in watercraft accidents. Many erroneously think that they will learn everything on the water. However, by not being familiar with boating laws and regulations, the rules on correct and proper navigation, and what should be done in weather-related emergencies, many boat operators only lead themselves, and their passengers, to dangerous situations.

  • Operator inattention. In 2008, inattentive boat operators caused 488 accidents which resulted to 28 deaths and 329 injuries. Inattention can be deadly. Even huge vessels (in the past) met tragic accidents because many crew members were either partying with their passengers or busy doing something else.
  • Improper lookout or improper forward watch. Many collisions can be avoided if a boat operator is able to navigate safely and so avoid anything that may cross or be along its path. An extra pair of eyes and ears would be a big help in assuring safety.
  •  Excessive speed. The impact created each time a boat bounces off and back on the water can stun and throw anyone overboard. Excessive speed increases the force of impact, putting everyone at much higher risk of getting injured. Too much speed also reduces a boat operator’s chance of reacting to emergencies on time.
  • Alcohol. Many boat accidents occurred because the operators were alcohol-impaired. Alcohol affects a boat operator’s vision, judgment, balance and coordination. Because of alcohol, capsizing boats and drunken passengers falling over board have been common causes injuries and deaths.

As explained by a Charleston boat accident lawyer,out on the water, boat operators are expected to follow many laws. For instance, boat operators must observe the Rules of the Road, may not operate their vessel while under the influence of drugs or alcohol, may not operate the boat in a manner that is reckless, and may not exceed certain speeds while within designated areas. Violation of any of these laws can very likely result to an accident, one wherein the liable operator can face civil and criminal lawsuits as a consequence.


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What are the types of product liability claims?

As wage-earners and consumers, it is just right for the people to expect that the goods they purchase are made to high standards. The notion is that the manufacturers have made the product following certain regulations and subjected them to investigation. When you buy something, you expect it to be of your convenience. Unfortunately, there are products that were poorly made and that cause injuries or illnesses to consumers, with the worse outcome being death, as said by the legal team at Evans More, LLC. This is where product liability lawsuits normally begin.

A defective product liability claim means just how it is – a claim saying that a particular product caused the injury, illness, or death of someone and that the claimant is alleging a company for the poorly crafted product. According to Nolo, while you may be sure that your case falls under product liability, there are types of it that could narrow down your claim – defective manufacture, defective design, and failure of proper instruction.

A defectively manufactured product is the most common among the three. It is determined when there is an honest error at the factory where the product was made. For example, a batch of glass bottles broke and was immediately discarded, but there are glass fragments that contaminated the other bottles, which led to the injuries of the consumer.

A defectively designed product, on the other hand, is not manufactured with error, at least none that the company knows of, but there are claims saying that a particular kind of product is naturally harmful. For example, a vehicle has the tendency to accelerate even when the brakes are stepped on, despite the lack of mishap in the manufacturing of the car.

Lastly, there is also the manufacturer’s failure to give instructions or warnings regarding the correct way of using the product. Basically, if operating a product requires a different step than usual, it must be disclosed by the company.


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Can I Be Charged with Conspiracy without Doing Anything?

In order to be convicted of a crime, the crime itself first needs to be done, right? Well, maybe this is your first venture into the idea of conspiracy. And, sad to say, conspiracy of a crime is a crime in and of itself. Conspiracy is to plan committing a crime with one or more people. It can be as simple as a heist with the intent of breaking into a house or as severe as a terrorist attack against a civilian population or an attempt at the life of the President of the United States.

If the crime being conspired is of a certain degree, it could land you in prison for 25 years with no chance of parole. According to the website of the white collar crime lawyers at Truslow Firm, there is every chance that before you even think you are being watched for conspiracy that federal agents have been monitoring your movements for a long time before that. The most innocuous questions in the wrong context could be potentially incriminating if you perceive that you can handle a criminal accusation at a federal level. It can be tempting to just talk your way out of it and assume that everything is going to be fine. But so many people put themselves in danger by assuming that they know how to work a system they know little to nothing about.

Being a defendant in a federal court case for conspiracy can be one of the most stressful experiences that a person could ever endure. Federal agents not only have almost limitless resources as well as years and years of extensive training in situations such as this but plaintiffs usually have the upper hand by having had more time in their preparation. That is why it is always advised to immediately contact an experienced legal professional who has dealt with criminal defense cases at a federal level.


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