The Legal Challenges of Maritime Accidents

What are the legal challenges of maritime accidents, and why do maritime liability cases seem so complicated? These two questions can be answered by taking a look at the overall structure of maritime law and realizing that it involves an entirely different set of assumptions when compared to mainstream, non-maritime liability.

There are four distinct points that make the legal challenges of maritime accidents a formidable subject for those new to the topic.

Documentation

Maritime accident cases need to be meticulously documented, to include any correspondence between worker and management during the period following an accident. Also, the plaintiff should keep a detailed record of invoices, medical statements, a clear description of the injury as well as the details of the accident.

Statutes of Limitation

Statutes in maritime injury cases typically run for three years, but plaintiffs should understand that certain types of cases could have statutes that are much shorter. Only by consulting a professional attorney will a plaintiff learn the specific statute that applies to his or her case.

Appeals

After a plaintiff files a maritime accident case, the journey through the court system can be long and complicated. One reason for this particular challenge is the employer’s ability to file appeals and/or deny the allegations completely. If that happens, plaintiffs often find themselves entrenched in a complex and contentious dispute that could take several years.

The Threshold for Proving Negligence

In most maritime cases, the plaintiff must show that the employer was negligent, and this can be a tough hurdle to clear. Employers routinely attempt to place fault with the worker in order to avoid paying damages in accident cases. The threshold for proving negligence in maritime cases can be quite high.

Problems with Accident Reports/Statements

When plaintiffs are injured on the job, they need to file an accident report as soon as possible. As well, the injured party should seek professional medical attention immediately. The report should contain only the basic essential facts about the accident, such as who was harmed and where the injurious took place, as well as the time.

Plaintiffs should be very careful to avoid extensive questioning during an injury report session. Stick to the basic facts and say no more. The reason for this advice is twofold: employers will often attempt to subtly get the plaintiff to admit fault or make incriminating statements. Second, employers often attempt to coerce an injured

Louisiana Motorcycle Insurance Requirements

Every person who wants to operate a vehicle must present proof of financial responsibility before getting a license and registration. This is true for both cars and motorcycles. Drivers have to convince authorities that they are ready to cover the cost of any damage that they might cause in the event of an accident. According to the law, they must purchase insurance coverage from a service provider that does business in the state. The coverage must pass the Louisiana motorcycle insurance requirements. It cannot be lower than the minimum amounts specified in the legislation.  

Minimum Insurance Requirements

Motorcycle owners must get a policy that provides enough monetary coverage for personal injuries and property damage they might cause. The minimums set by the state are $15,000 for a single injury and $30,000 for multiple injuries. As for property damage, the insurance should cover at least $25,000 worth of repairs or replacements. Most collisions result in minor injuries and damage so these should be adequate in the majority of cases. Of course, people can always raise these limits if they can to for greater protection against financial shocks. If the maximum coverage is not enough to cover the bills, then one will have to reach into his own pocket for the balance.

Effect on Helmet Requirements

It does not matter if you are getting the minimum coverage or raising the limits when it comes to helmets requirements. You must always wear protective gear for your head when operating a motorcycle or a moped. The same is true for passengers of these vehicles. Time and time again, studies have shown that helmets are able to dramatically reduce fatalities. Invest in high quality gear with thick cushions and a seal of approval. It would be prudent for riders to have a spare helmet on standby if they expect to have a passenger.  

Proof of Insurance

The state’s Office of Motor Vehicles will have a record of all drivers including their documents on liability coverage. However, drivers must still carry proof of insurance with them at all times. They will have to present this to law enforcement officers upon request. Failure to do so can result in penalties. Among the possible proofs are an insurance ID card, a copy of the actual policy, an insurance binder, and a written statement by the insurance company that includes all pertinent details.

Penalties for Non-Compliance

Consequences for having

Tips for Suing a Hit-and-Run Driver

When you’re surrounded by other drivers, you generally hope that they’re as cautious with your safety as you are with theirs. Unfortunately, that’s not always case. You might encounter a dangerous driver who hit you. Worse, they left without giving you the information you needed for a settlement.

Whether your car was hit in a parking lot or you were run off the road, you’ll need to fight back when a hit-and-run driver hurts you. When they leave you suffering for their actions, however, it can be tough to find them. Fortunately, these tips should help you when you need to sue a hit-and-run driver.

Get Help Finding the Driver

If possible, you should find the driver responsible for your suffering. Committing a hit-and-run is a serious crime, and besides your compensation, they could be facing fines and other penalties. So, you’ll need help finding the responsible party.

Start by speaking to law enforcement officers and a car accident lawyer in Birmingham. Between them, they’ll have the resources to help you. For example, a police officer can access any security cameras to find the vehicle description of the hit-and-run driver.

Your lawyer may try to find eyewitnesses or security footage, which can help you find the driver. For example, if you were hit in a store’s parking lot, they may speak to the owner and review their security footage. They may also speak to anyone on the scene for more information about the accident.

Talk to Your Insurer

If you’re unable to find the person responsible, don’t panic. Being unable to find them doesn’t mean you’ll have to pay out of pocket for your suffering. Instead, you’ll need to contact your insurer about your accident for your coverage.

You may have uninsured motorist coverage, and that can help you when a reckless driver hits you. This coverage takes care of the expenses from another driver if they won’t pay. Whether they don’t have insurance or can’t be reached, you still need a settlement when they refuse to help.

While you should seek the responsible driver out when you’ve been in a hit-and-run accident, you should have another option for compensation if you and your attorney can’t find the person responsible for your injuries or property damage. Reach out to your insurance company about your coverage if you’re unable to find the right person and get your damages covered.

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Boston Pedestrian Safety Tips

The streets of Boston are no joke. Not only are there tens of thousands of drivers on the roads, but there aren’t always clear crosswalks and those that do have crosswalks aren’t always free to cross despite having signs that indicate that pedestrians have the right of way.

As a walker in Boston, you need to make sure you are paying attention to your surroundings at all times. Continue reading to learn more about why you need to be cautious of motor vehicles and what you should do if you’ve suffered an injury after being struck by one.

Be Careful of Reckless Drivers

More often than not, the biggest threat to pedestrians is irresponsible choices by reckless drivers. Unfortunately, the best safety tip we have is to keep your eyes out for vehicles that appear to be driving erratically, if possible, and avoid them at all costs.

Drivers will make the mistake of driving while under the influence of drugs or alcohol, or when they’re too tired to be behind the wheel. But the most common way that drivers harm pedestrians is through aggressive and distracted driving.

Aggressive driving occurs when the driver is angry at another driver or pedestrian. Examples of aggressive driving include following too closely, switching lanes without using your turn signal, running stop signs and red lights, exhibiting signs of road rage, and speeding, to name a few.

This is different from distracted driving in that the distraction is seemingly innocent enough, perhaps the driver glanced down at their phone to reply to a text message, or reached down to take a sip of their morning coffee.

In any case, these actions prevent the driver from operating their vehicle responsibly and with the safety of others in mind. For this reason, your best bet for remaining safe as a pedestrian in Boston is to stay alert when other drivers may not be.

If You’re Injured in an Accident, Pursue Your Claim

Despite the fact that there isn’t much you can do to protect yourself other than staying alert, there are other ways you can help prevent future pedestrians from being injured, and that’s by bringing a claim against the person or persons who are responsible for causing your injuries.

Here, you’ll be able to recover compensation for your lost wages, your medical expenses, pain and suffering, property damages, the loss of enjoyment of life, emotional distress

What’s in a Postnuptial Agreement?

Most people are aware of prenuptial agreements, but do not know a similar approach can be taken after a couple is already married.  It is something to consider, as it is impossible to know what the future will hold.

What is a Postnuptial Agreement?

A postnuptial agreement includes provisions on a number of different topics.  While an agreement can be created to reflect each couple’s individual preferences, some provisions are commonly included.

One example is how the couple’s property and various other assets will be divided if they decide to divorce.

If the couple agrees on spousal support, this issue can be included.  The agreement may state which spouse will be responsible for support, and how long he or she will pay support.  

As debts often accumulate during a marriage, the division of debts can be included.  Some examples are mortgages, loans, and credit cards.

While a postnuptial agreement generally focuses on financial issues after divorce, it may also include how assets are to be distributed if one of the spouses dies while the couple is still married.

Is a Postnuptial Agreement Right for You?

Some people do not like the idea of prenuptial or postnuptial agreements because they believe these agreements encourage divorce.  While this is rarely the case, some couples do choose to enter into a postnuptial agreement when they are planning to end their marriage.

The purpose, though, is to protect both individuals.  Even couples who are devoted to each other can change their attitudes when a divorce occurs.  When a couple has a legal agreement, all of these issues will be decided on when they are happily married.

Most couples can benefit from a postnuptial agreement.  However, you should avoid do-it-yourself kits, and consult with an attorney.  Your attorney will be familiar with the laws in your state, help you and your spouse make decisions for the agreement, and prepare the agreement so it is legal.  

If you and your spouse got married without a prenup, it is not too late to secure your future.  When you are happily married, it is the best time to be fair and reasonable about these matters.  Your attorney can offer solid advice, but the final decisions are up to you and your spouse.

When the future is secure, your marriage can be more harmonious.  Neither party will need to worry about what will happen if the marriage ends, or

Workers Comp for an Auto Accident

When most people think of workers’ compensation, they think of compensation for injuries sustained on the job such as a machinery accident or a bad fall. Nowadays, using a company vehicle to perform work-related tasks is more and more common. If part of your job description involves driving or operating a company vehicle, you should inform yourself about how to get work comp for a car accident.

Understanding Workers’ Compensation

While workers’ compensation rules differ from state to state, most often, if you have sustained injuries that are work-related, you are owed workers’ compensation benefits. These benefits can cover a portion of or your entire medical expenses and lost wages due to missed work as a result of the injury.

What is Respondeat Superior?

The legal doctrine of respondeat superior covers the relationship between an employer and their employee that drives a company vehicle. This doctrine states that employers are legally responsible for their employee’s actions while they are acting under the umbrella of their employment. If an employee gets injured or experiences property damage while operating the company vehicle, the employer is obligated to pay for the injuries and property damage.

An employee is acting under the umbrella of their employment when driving a company vehicle to make deliveries, running a work-related errand, driving other employees for reasons that are work-related, work-related travel time, and driving to and from job sites. In most cases, if the employee is in an accident on their own time such as driving to and from work or when on a break, these incidents are not considered work-related.

What if the Employee is at Fault?

The aforementioned respondeat superior doctrine applies specifically to instances involving an employee being in an auto accident while driving a company car. In the event that that employee has caused another person’s injury or property damage, this is known as third-party involvement and both the employer and employee can be liable for damages and injuries. Third-party involvement can include the employee’s passengers, other drivers, or bystanders. However, in most cases, the employer’s liability insurance saves the employer from having to pay damages to any third parties.

What Does Compensatory Damages Cover?

Most often, compensatory damages cover out-of-pocket expenses, medical bills, lost wages due to recovery time, any added expenses due to pain and suffering. The employer’s liability insurance doesn’t just protect the employee from paying any damages, if

What Qualifies as a “Wrongful Death?”

Losing a loved one is tough, especially when it comes to our closest family members. Recovering from the death of a spouse or parent can be some of the most trying times, and it can take time to deal with that grief.

However, you might be concerned that your loved one didn’t just pass away. You believe that they were killed by another person’s negligence, and you want to file a wrongful death claim.

However, what do you need to know about wrongful death before you begin? What qualifies as “wrongful death,” and how can it help you and your surviving loved ones? Before you begin your wrongful death claim, contact wrongful death attorneys with experience and make sure that your claim is a strong one.

Negligence Leading to Death

First, what is wrongful death? Sometimes, we might be concerned that another person’s death is due to the recklessness and lack of concern another person has toward the deceased’s safety. They make poor decisions, and the deceased was the one who had to suffer for it.

Showing that the other person acted in a negligent fashion will be one of the first steps of your wrongful death claim, and you’ll need to prove that they were negligent before you’re able to proceed.

In some cases, they could have even been malicious on purpose. For example, let’s say your loved one was at the wrong place at the wrong time, and they were a victim of gun violence. Because the other person did not act with their safety in mind, they would be held responsible for their death.

Breach of Duty

Proving that they should have protected the safety of the deceased will also be important. Similar to negligence, a breach of duty happens when a person who should take care with our safety does not act in an appropriate manner. On the road, this means that other drivers should be vigilant, follow the laws, and ensure that they’re taking reasonable measures to avoid an accident.

A doctor would have a duty to act with reasonable quickness to protect your health where possible. If they fail to diagnose a dangerous illness in your loved one, for example, because they didn’t take reasonable measures to examine your loved one, that would be a breach of duty.

Proving Cause of Death

However, it’s not enough to just show that the person in question

Strange Washington State Laws

Every state has a couple of unique laws that leave people scratching their heads and wondering where it came from. Some are antiquated, based on issues that no longer apply, and may no longer be enforced. However, these laws are still part of the state code.

When it comes to odd laws, Washington state has its own strange statutes. While you might not need to speak to the lawyers in Tacoma, WA, for these laws, it’s better to know what to expect when you’re dealing with your state’s strange laws. So, before you go Bigfoot-hunting or even walk around with a cold, check out some of your state’s strangest laws.

Vending Machine Placement

Before you go placing your vending machine wherever you feel like placing it, note that vending machines can’t go just anywhere. Washington state legislation specifically forbids residents from attaching these machines to utility poles.

These aren’t the only items not allowed on utility poles. Ads and posters shouldn’t be placed on these as well. If you’re charged with placing one of these items on a utility pole, you could be charged with a misdemeanor.

This is to protect the safety of the utility workers, even if vending machines aren’t the first thing we might think about putting on a utility pole. By banning anything that might be placed on these poles, however, the workers can avoid some common hazards that make an already-dangerous job especially lethal.

Keep Your Cold at Home

Of course, you might not have done something so serious. Instead, you might just have a little cold or a mild case of the flu. You’re sick with something contagious, and you needed to run out for a little more medication for your illness. Unfortunately, you could get in trouble for this.

Contagious diseases are no laughing matter in Washington state. The state places a special emphasis on protecting its residents from contagious diseases by making it a misdemeanor to expose your fellow citizens to your illness.

This does protect many people who may not have strong immune systems to protect their health, which prevents breakouts of disease. Since you also already know about the illness, they could claim that you were knowingly endangering other people’s health.

So, while it’s tough to get someone else to bring your medicine or tissues, especially if you live alone, it’s best to try. Sneezing and sniffling is

Questions to Ask Your Prospective Lawyer

Before hiring legal representation, you’d do well to make a list of questions to ask your prospective lawyer to make sure you’re hiring the right person for the job. Hiring an attorney can be a challenge for the average layman, especially if you’ve never worked with an attorney before. By asking questions, you learn more about an attorney’s background, experience and level of expertise to narrow your choices to those who are best qualified for the job. The best lawyers are those that welcome questions and are willing to establish an open line of communications with their clients from the start.

Here’s a list of some of the most pertinent questions to ask your prospective lawyer before signing him or her on.

  • What is your background and overall experience in this field? Have you handled similar cases to mine in the last few years?

Your attorney should have ample experience with cases like yours and be able to provide you with references of similar cases he’s handled in the past. Like doctors, attorneys specialize in different areas. Depending on the seriousness of your case, you want someone who’s an expert in his or her field.

  • What results can I realistically expect from this case and how long might it last?

The best attorneys will be up front with their clients in explaining the legalities of their situation, what to expect from their case and how long it may last. This helps you prepare for the long haul. Be leery of lawyers who boast of victory before even starting. Your attorney should have confidence of success without guaranteeing what he may not be able to deliver.

  • Are there other alternatives to resolving this situation?

As a client, you should be fully aware of all your options. If your attorney doesn’t volunteer alternative ways of resolving your situation, be sure to ask him. Good lawyers will have their client’s best interests at heart which may involve recommending ways to settle your affairs out of court.

  • How will you inform me of developments?

Good attorneys often have several cases going at the same time, keeping them busy from morning to night. At the same time, they should respect their client’s need to be kept informed concerning their situation. You and your attorney should establish a system for keeping you in the loop so you are updated on problems or progress concerning your case.

Important Utah Injury Laws

When you’re involved in an accident, you need time and compensation to deal with your injuries. However, you must have more than the fact of your injury to get that compensation you need.

A personal injury claim may be the best way to get the compensation you need for your injuries, but you’ll also need to consider the laws that will affect your claim and how much you could receive. Without the right guidance, you could have your claim devalued or dismissed.

When you’re preparing for an injury suit, keep these following laws in mind, so you’re prepared before you begin.

Time Limits on Your Claim

First, keep in mind that youhave a limited time to file a claim for your injuries. This varies from state to state, so remember that, for Utah accidents, you’ll have four years to file a claim for most injury claims.

Four years might seem like plenty of time, but that’s not always the case. When dealing with a severe injury, it can take time to recover, and even after your recovery, you might now experience  impairments that make it more difficult to handle your case.

While you might have four years to prepare your claim, don’t wait too long to begin. You’ll want as much time as possible to work on your claim, so act now.  

Fault in Utah

Once you’ve filed your claim, you must prepare to do more than prove your injury and your need for compensation. You must also show that the other person was at fault, and you weren’t to blame for the accident.

Utah recognizes “comparative fault,” which accounts for the fact that most accidents aren’t the fault of just one person. Often, the other person proves negligent to a degree, and unable to avoid the accident. For example, if you adjusted your radio and another person hit you, the court may find you somewhat at fault because your attention left the road.

While it’s common for accidents to have happened because of multiple reasons, you must avoid taking the blame for your injury. If you don’t, that percentage reduces your compensation. So, if you’re slip-and-fall injuries cost $5,000, but you were 20 percent at fault for the accident, you receive just 80 percent of your compensation, or $4,000.

Suing the Government

If you’re considering filing a lawsuit against a government entity, you’ll need help getting the full compensation