Fighting Truck Related Accidents

An overloaded truck can cause harm to not only the driver of the truck, but also to bystanders minding their own business on the road. A driver with an overloaded truck also needs to be aware of the height their load adds to the vehicle. When the load of the truck raises the overall height, the driver must be made aware of the new height in order to avoid certain overpasses, bridges, and road obstacles that might inhibit their truck from passing through with ease. On May 5, 2017, a truck traveling in Houston, Texas demonstrates the perils of driving with a raised load.

The northbound Interstate 69 at the Loop 610 experiences an entire weekend closure due to this truck accident on May 5, 2017. The driver of the truck attempted to pass under the overpass of Loop 610, while the bed of his truck was raised, reaching a height of 16 feet, 5 inches. According to the Houston Chronicle, the truck was “nowhere close to being able to travel under the bridge with the load raised.” Due to the raised load, the truck crashed into the guardrail, and pieces of not only the truck, but also of the overpass were broken off and sent in the air.

A piece of metal, measured at approximately 6 feet long and 12 inches wide, struck the windshield of a passing car. Fortunately, the piece of metal entered the windshield on the passenger side of the car, and there was no fatality or injury. The citations for this incident can be anything from improperly securing the load to failure to properly operate the trailer itself.

While this specific outcome ended without serious injury, more often than not, an incident with 18-wheeler truck can result in a much more serious and possibly fatal outcome. If you or someone you know has been in a truck-related accident, the next step to be taken is the act of a lawsuit. The daunting aftermath of this type of accident can seem overwhelming, especially as Williams Kherkher mentions, you are not just fighting the truck driver, but also the company that hired the truck driver.

Hiring an experienced lawyer with a history of fighting truck-related injuries is very beneficial to your case. Being able to use their own experience and precedents can help your lawsuit get its bearings and help you get the compensation you deserve. It is common to see insurance companies offering you very little when it comes to life-altering injuries, so getting a lawyer who is ready and willing to fight for you is extremely important.

The truck-related accident on May 5, 2017 in Houston, Texas was a very fortunate event because no one was seriously injured or killed. However, even the damage of property can give you the opportunity for a lawsuit. Don’t be deterred by the complex, lengthy lawsuit process, and get yourself the compensation you deserve.

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Wrongful DUI arrests in the U.S.

If you are arrested and charged with driving under the influence of alcohol or drugs, you may be forced to face fines, loss of driving privileges, alcohol classes, and other punishments. The United States has strict penalties for DUI’s, and individuals who are charged with DUI may face aggressive prosecutors who may look to make an example of them, even if it is their first offense. While some people may argue that this is fair, especially due to strong public awareness efforts from organizations such as Mothers Against Drunk Driving (MADD), Students Against Destructive Decisions (SADD), and the International Drunk Driving Prevention Association (IDDPA), it is important to remember that everyone has the right to defend themselves in a court of law, and they are not necessarily guilty if they are accused of a crime.

The social stigma of a DUI charge can sometimes cost an innocent individual the chance for certain employment and may have other consequences. That’s why it is important for law enforcement officials to get it right when it comes to DUI arrests and to make sure that they do not arbitrarily assume that someone is guilty without affording them due process. While this may sound strange, it is not uncommon for individuals to be arrested and charged with DUI, even if they are not legally intoxicated. According to a story on the Florida Times-Union’s online site Jacksonville.com, a man settled a lawsuit in 2015 for 20,000 with the Atlanta Beach police department for a wrongful arrest in 2010. He was arrested on suspicion of DWI, even though he blew a 0.00 on the breathalyzer and his urine showed no traces of alcohol when tested back at the jail. Although the city paid him the $20,000, it did not admit fault.

Fortunately for people who are wrongly accused, an experienced DUI lawyer can help investigate the facts of the case and may be able to help convince the prosecutor assigned to the case to reduce the charges or have them dropped completely. This is obviously the best outcome for any individual who has been apprehended for suspected DWI.

While not every person who is arrested on suspicion of DWI is completely guilt-free, it is essential that the police do not wrongly arrest innocent individuals. By paying closer attention to the details and following correct protocols, police officers may be able to avoid false arrests that disrupt the lives of the people they are sworn to protect and serve.

Cases like the one in Jacksonville serve as a stark reminder that law enforcement does not always get it right, and fortunately, that case was resolved in favor of the innocent person. Hopefully, the department learned a valuable lesson from the case, but the attorney representing the wrongfully accused man believes that there were other cases of unjust arrests in that county that did not turn out in favor of the accused.

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What To Do If You Are Denied Overtime Wage By Your Employer?

When an employee is required to work overtime, they expect their employer to pay them for the hours they rendered in excess of their regular working hours. The Fair Labor Standards Act stipulates that employers are required to pay overtime wage to employees who work in excess of 40 hours per week. The general rule is that employees should be paid 1.5 times their regular rate of pay. However, this varies from one state to another.

The bad news is that many companies are not paying overtime wage to their employees. Overtime pay lawyers of Williams Kherkher will tell you that most businesses will even devise some scheme so that they will not pay overtime wage. If you have been denied overtime pay, there are several steps you can take to recover your overtime pay:

1. Jot it down

Make sure to have all your overtime hours written in black and white. Take note of all the times and dates and not just the hours you rendered. Avoid keeping it in your computer or work drawer because someone can easily discard it and you have no evidence against your employer.

2. File A Report With The Department of Labor

Fill up the IRS Form SS-8 for any complaints against your employer regarding overtime pay. If the IRS deems that you have been misclassified or your employer violated the law on overtime pay. You can then lodge your complaint to the Department of Labor.

3. Get an attorney

With the help of an attorney, you may be able to recover the overtime pay that your employer denied to you. Not only that, you may also be able to help out your co-workers who were likewise denied of their overtime pay.

The Fair Labor Standards Act protects employees from being denied their overtime pay for the excess hours they rendered. Know your right as an employee and get paid for what you truly deserve.

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What are the different types of holdings divided in a large marital estate?

Divorce is difficult enough without the legal issues and ramifications presented by the division of assets. But add in the desire of both parties to come out of the marriage with as much as possible, and the stress of the process increases tenfold. The website of law firm Holmes, Diggs & Sadler stresses that, in the breakup of a large marital estate, both sides actively pursue the equitable division of capital holdings that can often go unnoticed and create problems further down the road.

Large marital estates are characterized by various sources of income, wealth, and capital. The status of many of these holdings, in terms of which spouse is the primary owner, is unclear. On top of that, the valuation of many of these assets is difficult to determine, as well, and can make equitable division a source of contention.

  • Real estate
    • Relatively speaking, this one is the easiest to value and divide. Depending on when specific real estate purchases were made–whether they were owned by one spouse before the marriage or if they were purchased jointly after the fact–a spouse can make a case for singular ownership. However, in the case of real estate purchased during the union, the court will attempt to equitably split property between the two parties. Therefore, if one person acquires a house, the other can claim property (or multiple pieces of property) up to the value of the house or can take a check for half the value of the house.
  • Businesses
    • The division of business assets is especially complicated due to stipulations concerning interest, investment, and growth. The valuation of a business is also very difficult due to constant fluctuations of the market.
  • Stocks
    • Before being divided, attorneys must determine whether stocks owned by either or both parties are separate or marital. Depending on whether or not the stocks were granted for services rendered during the marriage, the stock value may be subject to distribution among both parties. However, even this can be difficult to determine.
  • Retirement accounts
    • A qualified domestic relations order, which splits a retirement or pension plan, recognizes the protection of dependents in an individual’s plan. Retirement accounts are often times the most valuable single asset owned by an individual. The division of such an important asset requires a great deal of care, knowledge, and review.
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Who are eligible for filing a wrongful death claim?

Nolo defines wrongful death claim as when an individual is killed because of someone else’s fault—may it be unintentional or of mere negligence and recklessness. A wrongful death claim may allege a person or an entity (like an institution or a product manufacturer) and seek compensation for the loss of family members or loved ones of the deceased. According to Nolo, the compensation tackled in a lawsuit is usually a replacement for the lost wages of the deceased and expenses in the funeral service. Basically, the compensation discussed in the lawsuit will be any form of compensation sufficing the family that will have been provided by the victim, had he/she not died.

According to the personal injury legal team at Crowe & Mulvey, LLP, the most common causes of wrongful death are vehicular accidents, construction site accidents, unsafe premises, unsafe products, and medical malpractice. All these sources of accidents have birthed thousands of lawsuits before, although there are many other causes of wrongful death.

Aside from immediate family members (spouses, children, adopted children), there are other people who may file a wrongful death claim. A domestic or life partner may file the lawsuit, as well as financial dependents and putative spouses (an individual who believes that he/she was married to the deceased). Distant family members such as siblings, aunts, and grandparents also have a right of recovery and compensation. Other people who are eligible to file a wrongful death claim are people who suffer financially after the victim was killed even when they are not related, although it is only allowed in some states. Some states also allow the parents of a dead fetus to file a lawsuit, but in some others, a financial and emotional recovery is not possible.

The laws covered by wrongful death claims differ in each state, so if you find yourself in a similar situation, it may be best to keep in touch with a personal injury lawyer to advance your knowledge of the case.

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