Firm News (23)
Many people assume that if they are arrested and not "read their rights," they can avoid punishment. Not accurate. But if the police decline to read a suspect their Miranda rights, the prosecutor cannot use for most purposes anything the suspect states as proof against the suspect at trial. Still, as with almost all legal laws, there are exclusions. What Are Your Miranda Rights? The Miranda warning asks that officers inform you of specific facts following your arrest, and before questioning you. An officer who is going to question you must communicate to you that: 1. You have the right to remain silent. When the Miranda Warning Is Required It doesn't matter whether questioning happens in a jail, at the scene of a violation, or anywhere else: If a person is in custody (stripped of their freedom of operation in any vital way), the police have an obligation to read the Miranda rights if they desire to ask questions and use the answers as testimony at trial. If someone is not in police custody, then no Miranda warning is needed and anything the person states can be applied at trial. Police officers usually bypass arresting people—and make it evident to them that they're free to go—specifically, so they don't have to read the Miranda warning. Then they can arrest the individual after receiving the incriminating statement they sought all along. Pre-Arrest Questioning Do you have to answer police questions if you haven't been arrested? Generally, no. (You usually don't have to respond even if you're under arrest.) A police officer usually cannot arrest a person only for failure to answer questions. There are, nevertheless, circumstances where you might have to present information like identification. Post-Arrest Questioning The almost-universal advice of attorneys is to keep quiet when being questioned after an arrest, at least until after contacting an attorney. Suspects all too often ignorantly share information that can later be used as an indication of their guilt. Consequences of Failure to Provide Miranda Warning Without a Miranda warning, what the arrestee states in response to custodial interrogation can't be used for most purposes as testimony at trial. When Police Come Down Too Hard A violation of Miranda rights doesn't inevitably mean that the officers coerced the statement out of the defendant. But if they did, not only is the statement inadmissible but so too is any evidence that the police receive from the account. Talk to a Lawyer The Miranda rule is complicated, and no one article can tell you all the details. If you've been charged with a crime, you should speak to a lawyer for a full description of the law, including how it may vary slightly in your state or area.
2. If you do say anything, it can be used against you in a court of law.
3. You have the right to have a lawyer present during any questioning.
4. If you cannot afford a lawyer, one will be appointed for you if you so desire.
Disorderly Conduct
Written by Administrator
How To Avoid Motorcycle Accidents
Written by JamesW The best way to prevent becoming the next motorcycle accident statistic is to pay attention to safety. Numerous motorcycle collisions can be prevented by consistent attention and education about the safest way to ride a motorcycle. Here are some of the most essential safety tips to keep you riding on the road for years to come. 1. Wear a helmet. 2. Get a motorcycle license. 3. Get professional training. 4. Don't drink and ride. 5. Wear protective clothing. 6. Maintain your bike. 7. Don't share lanes. 8. Know your skill level. 9. Learn about the common causes of motorcycle accidents. 10. Avoid road hazards. If you are in a motorcycle collision and wish to obtain compensation for your injuries or other losses, think about consulting with a lawyer for information or representation.
For many skilled motorcycle riders, safety is a "first priority". Most bikers understand that riding a motorcycle is more hazardous than operating a car. When motorcycle collisions do occur, the results can be very critical. The federal government stated, per mile traveled in 2006, there were 35 times extra deaths from motorcycle collisions than from car collisions. Emergency room staff often associate motorcycles as "donor mobiles."
Evidence implies that wearing a motorcycle helmet greatly lessens the frequency of head injuries in accidents. The National Highway Traffic Safety Administration states, for every 100 motorcyclists killed in a crash while not wearing a helmet, 37 would have survived if they had been doing so. That doesn't even count the substantial decrease in non-fatal injuries produced by helmets. Make sure your helmet fits Department of Transportation standards and have one ready for passengers. Keep in mind that in several states it's illegal to ride without a helmet.
Most states require that bikers get a motorcycle license in order for them to ride on the roadways. Typically, riders must pass a knowledge test and a skills test. Some states expect bikers to also take a motorcycle safety class. Going through these hoops pays off when it comes to road safety. In 2001, more than one-quarter of all motorcyclists killed in accidents did not have a motorcycle license.
Motorcycle riders who are educated or trained by friends account for more than 90 percent of bikers in motorcycle accidents. Getting professional instruction in motorcycle riding might just save your life.
About 50% of the collisions concerning a single motorcycle are produced by speeding or alcohol use, usually, these go "hand in hand". Not only is it against the law to drink and ride a motorcycle, it's also very dangerous.
Protect yourself by using goggles or sunglasses, a jacket, full- fingered gloves, long pants, and boots (without wear). Your clothes should be made of a abrasion-resistant material, (for example leather), and fit tight to the body. Loose apparel can reduce your vision. Choose bright colors so that other riders can recognize you.
Making sure your motorcycle is in great running condition is of the highest importance to safety. Don't limit your maintenance to the engine and brakes or normal things. Regularly check your tires (and tire pressure), headlamps, turn signals and other gear that you wouldn't usually check.
Cars don't anticipate sharing a lane with other types of vehicles. Drivers tend to watch for cars in different lanes and usually won't see a motorcycle sharing a lane with them. Motorists might make a fast lane change or stray to one side, with severe consequences to the motorcycle rider.
Know your abilities, and ride respectively. Riding on the road is not the time to experiment with your expertise or to exceed your skill level.
Knowledge is your buddy. Learn about most general conditions that lead to motorcycle collisions. Think of ways you could evade those circumstances, take note when those conditions might occur, and when you are in those circumstances, take extra caution.
Road hazards, including debris in the road or slippery conditions, are more severe for motorcycles than for automobiles and can lead to critical injuries. Some situations that are hazardous to bikers are not readily known. Take the time to educate yourself about the many road hazards and learn how to control your bike carefully and safely when presented with those hazards.
What constitutes medical malpractice?
Written by JamesW A few examples of medical malpractices would be a medical professional neglecting to diagnose a patient as having a heart attack, giving the wrong diagnosis to an ill patient thus limiting treatment, giving a subject someone else’s medicine or operating on the wrong part of the body. How to Avoid Malpractice Over 160,000 people die from medical malpractice every year in the United States. Here are a few ways you can avoid medical malpractice. A person should only use doctors who are board certified in their practice. Make sure to get referrals from your primary care provider. Get second opinions for severe diagnoses or if you feel you have been wrongly diagnosed. Ask questions about everything, including what prescription you are being given and at what measure. Do You Have a Case? If you have been harmed due to inadequate medical care, you may want to sue. To learn if yours is one of the viable medical malpractice cases that obtain settlements, you need to determine if your situation meets the conditions set by your state. While these can vary, in general, your health care provider must have neglected to give the minimum standard of care that is required in a situation such as yours. The negligence must genuinely cause personal harm to you, and the injury must have had a severe impact on you such as pain and distress, mistaken extraction of a body part, or being unable to work. How to Find an Attorney If you are interested in pursuing a personal injury case for medical malpractice, you will require a medical malpractice lawyer. If you have used a different attorney in the past, ask for a referral to a medical malpractice lawyer. You will want to operate with someone who has a lot of practice working this type of case. What to Expect in a Malpractice Case Every state has a medical malpractice statute of limitations, a time span in which your case must be arranged. However, there is usually an exemption called the discovery rule. Your attorney will question you about your situation and have you see another doctor to get an independent viewpoint. Your healthcare provider has medical malpractice insurance and will be represented by the lawyer for the insurance company. Most cases start out with a discovery rule where information is traded. You and the health care provider will likely be deposed. Your attorney will strive on settling. If an agreement can’t be given, your case will go to trial. Medical malpractice cases are very common, but it is essential to work with a lawyer who knows your specific situation and has a lot of expertise with your type of case.
Medical malpractice happens when a doctor or other healthcare providers injure a patient or if a faulty procedure injured you or a loved one. Also, if a medical professional failed to do something that is required for your well-being. When understanding medical malpractice, it is critical to note that all medical mishaps are not malpractice. An error is only considered malpractice if there is negligence. The medical malpractice definition is that the health care provider did not follow the standard of care in the field. The error the health care provider made must genuinely end in harm to the patient. The question regularly asked in medical malpractice cases is whether a reasonably competent health care specialist in the same position would have made the same choice. If the answer is no, then there may be grounds for a medical malpractice claim.
Traffic Misdemeanors
Written by JamesW -The traffic violation produces harm to a person -The traffic violation produces damage to property -The traffic violation generates a substantial threat of harm to a person or danger to property Misdemeanor traffic offenses are also different from traffic infractions because they bear harsher penalties. Misdemeanor traffic offenses can lead to fines of up to $10,000 and could additionally include jail time depending on the severity of the crime and the measure of damage or injury committed. How Are Misdemeanor Traffic Offenses Classified? Traffic offenses are typically considered minor offenses. Simple traffic violations regularly lead to a traffic ticket and are deemed infractions. If the traffic offense is more severe, then the offense may lead to misdemeanor or felony charges. These are recognized as criminal offenses and ordinarily, involve a trial and other extended legal consequences. What Types of Actions Are Considered Traffic Misdemeanor Offenses? The rules overseeing traffic offenses will differ widely from state to state. Traffic misdemeanors usually involve producing a risk to human life or property. Most jurisdictions will recognize the following to be traffic misdemeanors: Some things may be considered traffic misdemeanors even though they do not include the operation of a moving vehicle. These are usually classified under “disorderly conduct.” What Are the Penalties for Misdemeanor Traffic Offenses? Being charged with a misdemeanor traffic offense commonly ends in the consequences of a fine and/or incarceration. ( $100 to several hundreds of dollars, while imprisonment is generally limited to a term of one-year maximum.) Many states may take extra steps when punishing for a misdemeanor traffic offense. These can involve the loss/suspension of driving rights, and the towing of the motor vehicle. The court may also require additional penalties such as registration in a substance abuse program if alcohol was included in the violation. Some violations that start as traffic misdemeanors may be heightened to the level of a felony charge. This can be the case if the violation included repeat offenses, or if it ended in death, great bodily harm or serious property destruction. Felony charges include higher fines and potential sentencing in a state prison facility. Should I Contact a Lawyer For a Traffic Misdemeanor Offense? Traffic misdemeanors should not be considered lightly, as they will be regarded as negative in your criminal history. Hiring a skilled criminal lawyer might be significant if the traffic violation wants a court appearance or trial. An expert criminal lawyer can help interpret your state’s traffic laws clearly, and they can help you display your case in front of a court of law.
Many traffic offenses that are non-dangerous or are just driving violations are called infractions. Though, in cases, traffic violations become misdemeanors because of the importance of the violation. Typically, a traffic violation is a misdemeanor if it:
-Driving recklessly
-Driving without insurance
-Driving without a license
-Failing to stop after an accident
-Driving under the influence of drugs or alcohol (DUI)
Whose to blame in a car accident?
Written by JamesW Understanding Automobile Accident Law? Car accident law applies to the legal rules that define who is responsible for the personal and property damage following a traffic accident. This area of the law consists of the policies of negligence, as referred to this particular category of personal injury cases. Like other cases in which negligence law applies, car accident litigation is governed almost solely by state law. Car accident victims in every state must show the same essential four elements to obtain compensation. These elements are a duty, breach, causation, and harm. Drivers have a legal responsibility to follow the rules of the road and to operate their vehicles reasonably. For instance: driving a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, etc. The existence of a duty is typically accepted without much debate. The plaintiff will usually be expected to offer proof that the defendant breached that duty. The breach may be proven by primary evidence, such as eyewitness statement, traffic monitoring video, or an admission of liability. The plaintiff may need to resort to a circumstantial indication, such as skid marks, paint smudges, or blood alcohol readings. Just because the defendant had a responsibility to operate the vehicle in the required manner, and it is proved that the defendant breached that duty, the court will not assume those circumstances caused the plaintiff’s damages. Instead, the plaintiff must prove the element of causation. In car collision cases, this can be done through medical testimony showing the injuries are consistent with the nature of the accident, and that they did not exist previously. Lastly, the plaintiff must prove harm. No matter how outrageous the other driver’s behavior was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the conduct created damage to the plaintiff’s person or vehicle. Steps to Take Following an Accident The first thing to do after a car collision is to stay quiet about who is to blame for the event. Admitting fault is the most common error potential litigants make following a crash, the rules of evidence do not allow “hearsay.” But there is an exemption for admissions. Even a simple apology can be used against you. It is necessary to make notes of any statements made by the other motorist. A smartphone, tablet, or other electronic devices can be great for recording voice memos. Gather as much detail about the accident as possible. It is essential to take down the other driver’s name and address, license number, and insurance information. Other evidence to note involves witness contact information, descriptions of the road, traffic, weather, and photographs of the vehicles. If your cell phone or camera can record video, it would be smart to use it. Video the accident scene up close and from a range, including the location of traffic signs, and crosswalks, Be sure to write down the names of police officers so it will be simpler to get copies of their reports. Never overlook the significance of immediate medical attention. The whiplash action caused by car collisions can create injuries the victim may not see at first, but that grows more noticeable as time passes. As a possible plaintiff in a negligence case, you do not want the other driver’s attorney to belittle the severity of your damages, based on the fact that you did not feel it necessary to attempt treatment immediately. Of everything that can be done after a car collision to protect a victim’s right to compensation, contacting a personal injury lawyer will have the most significant influence. Without the aid of counsel, you will be alone and exposed to the tactics of the opposing side’s insurance organization.
What Is a DUI?
Written by JamesW Driving a vehicle while under the influence of alcohol is one of the most deadly things a person can do. There is a significant amount of research to prove that driving performance and reaction times are severely affected by alcohol. Each year drunk driving is liable for about 25% of these deaths. The dangers of drinking are alcohol-related collisions and violence. The effects of alcohol are inadequate coordination and slurred speech, double vision, a reduction of self-control loss of awareness and death. First teens tend to drive faster and do not operate the car as well as more experienced motorists. Their decision making in traffic is often inadequate to avoid a collision. Second, teens do most of their driving at night, which can be even more dangerous. Regular driver's education classes cover 30 hours of classroom teaching and 6 hours of behind-the-wheel instruction. This is not enough time to adequately train a new driver. There is no harmless amount that you can drink and still drive. Even one drink can affect your driving capabilities. In many states, one can be convicted of DUI even though the police didn't see you drive. A person can face losing their license; having embarrassing court appearances, press coverage, and hefty fines. This is why it is essential to get professional representation as soon as possible.
If you drink and drive, you are not only a hazard to yourself but also to your passenger, other highway users and pedestrians. In fact, every 30 minutes, someone in this country dies in an alcohol-related fatality. Last year alone more than one million people were injured in alcohol-related traffic collisions. Alcohol is a depressant that slows down body reactions and the functioning of the brain.
There are legal outcomes due to drinking also. The more a person drinks, the more their ability to make major decisions becomes reduced. After just one drink, an operator can lose their capability to complete the tasks needed to drive a car. At a certain point, a driver will become illegally intoxicated and may be imprisoned for trying to operate a motor vehicle. In every state, there is a legal limit to how much alcohol you can have in your body if you are driving (South Carolina .08). If you drink and drive, you can lose your driver's license and even go to jail.
Traffic accidents are the leading cause of death for teens and young adults. More than 5,000 young people die every year in car accidents, and thousands more are harmed. Motorists who are 16 years old are more than 20 times as likely to have a collision. There are two main reasons why teens are at a higher risk of being in a car crash and lack of driving experience and their tendency to take chances while driving.
Teen drivers are more like to be influenced by peers and other distractions. This can lead to thoughtless driving practices such as speeding, driving under the influence of drugs and alcohol, and not wearing seatbelts.
Motorcycle accident, what's next?
Written by JamesW Motorcycle collisions, though not significantly more common than other types of accidents, are more likely to end in severe injury or death. According to the federal government, per mile driven in 2006, there were 35 times more deaths from motorcycle collisions than from car collisions. Because of these frightening statistics, it pays for motorcyclists to acquire knowledge about the most common causes of accidents and then use this information to decrease their level of danger. Cars Making Left-Hand Turns The single most threatening situation for motorcyclists happens when cars are making left-hand turns. These accidents account for 42% of all collisions involving a motorcycle and car. Typically, the turning vehicle hits the motorcycle when the motorcycle is: -Going straight into an intersection These types of accidents are frequent among two cars as well, but the motorcycle's smaller size makes it even less visible to the car that is turning. Motorcycles that pass cars within the same lane are even more exposed. Cars don't expect and are often overwhelmed by, such motorcycle maneuvers. Usually, the vehicle that hits another vehicle while making a left-hand turn will be determined at fault for the collision. Nevertheless, if the motorcyclist was speeding or in the wrong lane, the motorcyclist may be partially at blame for the collision. In most states, this means the motorcyclist will get less compensation from the operator of the car for injuries and damages produced during an accident. In a few states, the motorcyclist's behavior could bar recovery altogether. Motorcycle Lane Splitting Lane splitting happens when a motorcycle drives between two lanes of stopped or gradually moving cars, generally in traffic jams. Lane splitting is a frequent cause of motorcycle accidents due to numerous factors: -The proximity of the cars to the motorcycle -The reduced space the motorcycle has to maneuver If an accident happens while a motorcycle is lane splitting, whether the motorcycle or car is at blame depends on whether lane splitting is permitted in that state, the viewpoints of the police officer and judge on lane splitting and the actions of both the operator of the car and motorcyclist before the accident. Motorcyclist Speeding & Alcohol Use Speeding or alcohol use produce about 50% of the collisions concerning a single motorcycle. This statistic is not extraordinary, and these factors play a significant role in collisions between cars and other vehicles also. But, because motorcycles don't give much security to the rider, crashes concerning speeding or alcohol are much more likely to end in death or severe injury. Collisions Between Motorcycles and Fixed Objects Motorcycles clashing with fixed objects deems for 25% of motorcyclist deaths, but only 18% of car accident deaths. Because the motorcyclist is not enclosed by a box of metal and is prone to be thrown far and hard, such accidents are more dangerous when driving a motorcycle. Road Hazards Facing Motorcyclists Motorcycles face greater hazards from road risks than cars do and other vehicles. Due to the smaller size and less durable nature of the motorcycle, irregularities or unexpected things in the road pose a severe safety threat to motorcycles. High-Performance Motorcycles High-performance motorcycles, although comprising a small part of the overall amount of motorcycles on the highway, account for an unbalanced amount of motorcycle collisions. These motorcycles fall into two classes: supersport bikes and sports motorcycles. The death rate among riders of supersport motorcycle collisions is four times that of drivers of traditional motorcycles, like cruisers, standards, and touring motorbikes. The drivers of the more conventional motorcycles are usually older. The death rate amidst drivers of sports motorcycles is two times that of traditional motorcycle drivers. Motorcyclists are at more danger for deadly or severe collisions on the road than are drivers. Still, motorcycle riders can enhance safety by being conscious of the probable causes of accidents and taking steps to decrease or avoid the risk, whether it be taking additional care when lane splitting, anticipating road risks or opposing the temptation to speed
-Passing the car
-Trying to overtake the car
-The fact that the cars don't anticipate that any vehicle or motorcycle will be passing them in slowed or stopped traffic
Do I have a Slip & Fall lawsuit?
Written by JamesW If you have been hurt in this way, first acknowledge that it is a natural part of living for someone to fall on or to trip onto the ground or floor. Also, some things put into the earth: drainage grates, for instance. A property owner cannot always be held liable for instantly picking up or cleaning every slippery substance on a platform. Nor is a property owner always subject for someone slipping or falling on something that an average person should expect to find there. We all have a responsibility to watch where we're going. Nevertheless, property owners do need to be cautious about keeping up their property. While there is no specific way to determine when someone else is legally accountable for something on which a person slips or falls, cases usually take into account whether the property owner worked carefully to ensure that slipping or tripping was not expected to occur and whether you were negligent in not seeing the thing you fell on. Here are some standard rules to help you determine whether someone else was at fault for your slip and fall injury. Determining Liability To be legally accountable for the injuries you sustained from slipping and falling on someone else's property, one of the following must be valid: -The owner of the property must have created the spill -The owner of the property must have known of the dangerous surface but did nothing about it. -The owner of the property should have known of the dangerous surface because a "normal" person taking responsibility for the property would have identified and corrected it. -The third position is the most popular, but is also less precise than the first two because of those troublesome words "should have known." Common sense often decides liability in these cases. Judges decide whether the owner of the property took proper care and if the steps the owner chose to keep the property safe were reasonable. Any negligence claims often depend on whether the defendant responded reasonably. In defining a property owner's "reasonableness," the law focuses on whether the owner makes frequent and careful efforts to keep the property safe. Your Own Carelessness In almost every slip and fall case, you must determine whether your carelessness added to the accident. The rules of "comparative negligence" help measure your own reasonableness in going where you did, in the way you did, just before the accident occurred. If you or your loved one are the victims of a slip-and-fall accident, contact Davis Law Firm Today!
Thousands of people are injured each year (some very seriously) when they slip and fall on a damp floor, faulty stairs, or a rugged patch of ground. Sometimes the property owner is accountable for the accident, and sometimes they are not.
