States try to expand fight against texting and driving

Some states that have secondary texting and driving laws argue that they might as well not have any texting and driving bans because the secondary texting and driving measures are so hard to enforce. As a result, states that have secondary texting and driving laws are trying to reinforce their enforcement options by changing the laws to primary legal measures.

Under a secondary texting and driving law, police officers have to pull drivers over for another reason like speeding before they can ticket drivers for texting. Under a primary texting and driving ban, police officers have the ability to pull drivers over if they see drivers texting and driving. Many of those in law enforcement believe secondary laws make the task of enforcement too difficult, especially for texting and driving.

When drivers decide to text they keep their phones below the line of the car windows. According to law enforcement officials it is practically impossible to enforce a secondary driving and texting ban and secondary bans do not create compliance. Many states that have converted their secondary texting and driving laws to primary laws have seen an increased number of citations. Hopefully those same states will see a corresponding decline in distracted driver south Florida car accidents as well.

For example, the state of Washington changed its texting and driving law from secondary to primary last year. During the last six months of the year the number of citations for texting and driving increased by 143 percent. The increase occurred after the primary law went into effect. New Jersey, which does not separately categorize texting and phone citations, saw an increase as well. The monthly number of talking and texting violations before the law changed was 1,000. After the law changed to primary, the monthly citation total became 10,000.

Mothers no longer automatically gain custody in divorce

Remember when it was assumed that mothers would automatically gain custody of their children following a divorce?

According to a recent column in the Huffington Post, those days are all but over. Illinois couples going through a divorce should be aware that things have changed. The author cites statistics showing that fathers who want primary custody of their children are granted this 50 percent of the time.

This statistic may shock many. But as the article’s author indicates, fathers and mothers who are entering the divorce process start out with joint custody rights regarding their children. The end result is that each parent has the right to pursue his or her children in case of divorce.

The change in treatment of custody may be due to a change in many marriages. Today, a growing number of fathers are acting as primary caregivers to their children. Because of this change, the number of fathers who are receiving custody of their children following a divorce is also growing.

In the column, the author lists several actions that parents — both mothers and fathers — can take that will increase their chances of losing custody of their children after a divorce. Not being the children’s primary caregiver tops the list. This is because the parent who is most involved in the daily lives of children usually gains the edge in custody battles. This means that the parent who does not attend their children’s Little League baseball games, help them with their homework or walk them to and from school each day faces a more difficult task in convincing judges to award them custody.

The writer also indicates that parents who take drugs or who abuse alcohol stand a greater chance of losing custody of their children as do those who have a history of being unable to control their anger.

The days in which mothers almost automatically gained custody of their children following divorce are over. This adds yet another wrinkle to the divorce process, and it’s a fact that both fathers and mothers need to consider when finalizing their own divorces.

Georgia law enforcement investigates fatal car accident

After a crash, local law enforcement will investigate the car accident to determine whether one driver was at fault and to sort out what happened. Just recently, a car accident in Monroe County, Georgia, involving three vehicles resulted in one death and two hospitalizations. Authorities are currently investigating the situation.
According to authorities, the man who caused the wreck tried to avoid culpability by fabricating a fourth vehicle. He claimed that the collision with the fourth vehicle caused him to hit a rollback wrecker.
Accounts from the Sheriff’s Department say that the man was following too closely in his truck and was not staying in his lane. He struck a rollback wrecker, driven by a woman who was with another male. The rollback wrecker crashed into another vehicle and both flipped over a rail on the side of the road.
Both of the vehicles burst into flames. In any type of accident, those involved can suffer serious injuries as a result. In this situation, the two who had been in the rollback wrecker sustained several injuries and were hospitalized after the accident. Unfortunately when responders arrived, the woman in the other car did not survive.
As authorities continued their investigation, they found that there was no evidence of a fourth driver. Had the truck driver actually been struck, there would have been some sort of paint transfer where the two vehicles collided. This did not appear to be the case.
While there is no indication that any criminal charges will be pressed against the truck driver, the victims in the crash as well as the family of the woman who was killed may be able to file a civil lawsuit against the truck driver. When an accident was the result of someone else’s negligence, the injured parties can seek compensation for their losses with the help of a margate personal injury attorney.

Should children decide their own custody plans?

When divorcing parents begin to negotiate their child custody agreements and parenting plans, they usually call on a variety of legal and psychological experts to determine what is best for their children. But the children, who are arguably affected by the outcome of those negotiations, are usually not consulted.

In a recent editorial in the New York Times, marriage and family therapist Ruth Bettelheim says that leaving children out of the child custody discussion often does them a significant disservice. This, she says, is because it is important for children to feel as if they have a say in their lives, and to deny them that leads to feelings of helplessness and frustration. Also, making and living with the consequences of decisions is an important part of the growing-up process.

In addition, Bettelheim says that it is important to continually reevaluate a custody and parenting time plan as the child gets older and his or her needs change. However, as couples are understandably hesitant to reenter and rehash the family law process, this rarely happens.

Therefore, she advocates for a completely new method of custody and parenting time determinations. Every two years, the agreement should be reevaluated, with the child or children taking charge of the decision-making process. A trained mediator should meet with all members of the family, individually and as a group, and the child’s wishes should be decisive as long as at least one parent agrees with them. Two years later, the process would start all over again.

Do you agree with Bettelheim? Would a plan like this create better custody agreements?

 

 

Some scary statistics about motorcycle accidents: Part II

In our last post, we began a discussion about a recent report from the Government Accountability Office. The GAO’s report analyzed crash statistics from 2010, and revealed that motorcyclists are 30 times more likely to die in a crash than those traveling in cars.
That year, motorcycle accidents claimed the lives of 4,502 riders and caused injuries to 82,000 others. Perhaps unsurprisingly, these statistics have refueled a debate about a controversial issue among riders and safety advocates: helmet laws.
California is one of the 19 states that have “universal” helmet laws, which means that all riders are required to wear a helmet. The laws in 28 other states require helmets only for certain riders, usually based on factors such as age and insurance coverage. There are 3 states without any helmet laws whatsoever.
Many motorcyclist advocacy groups promote the use of helmets but are opposed to the laws on principle, saying that they violate personal liberties. The vice president of the Motorcycle Riders Foundation recently said: “We are 100 percent pro-helmet, and 100 percent anti-helmet law. Putting a helmet law in place does not reduce motorcycle fatalities.”
Instead, he believes that the problem should be addressed through better motorcycle safety classes and public campaigns designed to increase driver awareness of motorcyclists on the road.
But the president of a group called Advocates for Highway and Auto Safety disagrees. She said: “Education is not a substitute for wearing a helmet. It’s like saying if you take a driver’s ed class, you don’t have to wear your seat belt. Now how silly is that?”
Statistically speaking, she may be correct. Studies about helmet use have shown that these simple safety devices can reduce a rider’s fatality risk by up to 39 percent. Helmets may not prevent motorcycle crashes, but they seem to reduce accident fatalities. In fact, the National Highway Traffic Safety Administration estimates that the lives of 1,550 motorcyclists were saved in 2010 because of helmet use.
Whether helmet use should be mandatory will remain up for debate by most motorcycle accident attorneys. But one thing is clear: wearing a helmet could mean the difference between life and death. Hopefully, more riders will choose to wear them, regardless of what their states’ laws are.

Construction Site Accident

Police say a construction worker was killed in an accident Saturday when a cable snapped and whipped through the cab of a truck in which the worker was sitting. The freak North Bergen construction accident caused massive trauma to the construction worker. Authorities say the worker was sitting in the driver’s seat of the truck when the cable snapped.
The worker was hired as a subcontractor at a residential construction site. The worker was hired to remove a trash bin laden with debris from a residential construction project. The worker was attempting to drag the trash container onto the truck when a cable snapped. The cable crashed through the rear window of the truck and struck the man, causing fatal injuries.
Emergency personnel responded to the North Bergen construction site and pronounced the worker dead at the scene. Authorities say the truck will be towed and investigated to help determine the cause of the fatal construction accident.
A neighbor says the home where the fatal accident occurred was undergoing renovation. The property changed owners earlier this year. Apparently, new windows and renovations to the basement of the property are involved in the residential construction project.
Police and medical examiners converged on the accident scene and opened an investigation. News reports indicate that emergency responders placed a drop cloth over the window of the truck while authorities opened their investigation. The Occupational Safety and Health Administration is aware of the fatal New Jersey construction site accident and will conduct an investigation.

Walmart sued for premises liability

Owners of property are responsible for ensuring that their premises are safe for anyone entering into their buildings. If someone slips and falls and sustains a serious injury, then he or she may have a claim against the property owner for premises liability.

Thousands of people flocked to a Walmart store back in 2010 hoping to score deeply discounted items during a Black Friday event.

However, one bargain-hunter slipped and fell on packaging that was left on the floor of the store in the electronics department, presumably by other shoppers who were in a frenzy for products on sale.

She suffered personal injuries that eventually resulted in her having to have knee surgery.

The woman filed a premises liability lawsuit in state court against the Walmart store, claiming that Walmart and its employees failed to keep the store safe and clean for shoppers. The case is now being moved to federal court.

On the day that the lawsuit was filed, Walmart issued a statement that the safety of its employees and customers is one of their top priorities. They also stated that cleanliness of their stores is a very serious matter.

Was Walmart responsible for the actions of other customers during the Black Friday Sale? How long had the cardboard packaging been on the ground before the woman slipped and fell? Were Walmart employees and management aware of the debris on the floor, and that it could pose a hazard to shoppers?

These are all questions that must be addressed in this premises liability lawsuit against Walmart.

New Law Seeks to Curb Marijuana Use While Driving

14634860422_6efe50e9f1Accompanying Driving While Under the Influence (DWI/DUI) of alcohol laws in every state are prohibitions against driving while under the influence of a drug, which necessarily includes marijuana. While few would dispute laws that ban impaired driving while under the influence of any drug, an issue arises when lawmakers try to quantify the level of THC in marijuana that makes it illegal to drive a motor vehicle.

THC is the substance in marijuana that gives the drug its psychoactive effect. The substance has been the subject of the medical marijuana debate but has been accepted by many medical experts as useful in treating nausea and glaucoma and in stimulating the appetites of AIDS and cancer patients, among other reputed uses.

Florida is among the first states to attempt to limit the amount of THC that drivers can have in their blood and still legally drive. legislature sets the THC limit at five nanograms (ng/mL) or more in order for an individual to be charged with a DUI. The bill is being vigorously opposed by the Cannabis Therapy Institute, an advocacy group for medical marijuana that questions the correlation between the small amount of THC set forth in the bill and impaired driving.

The group has pointed out that a 2004 study by the National Highway Traffic Safety Administration reported that chronic marijuana or cannabis users typically demonstrate a much higher concentration of THC in their blood than five ng/mL and that this level does not necessarily cause impairment. There are 12 states with a zero-tolerance approach to the presence of any drug in a driver’s system, while Nevada and Ohio have a two ng/mL limit.

Medical marijuana advocates fear that the low THC level would inhibit medical marijuana users from using the drug since they will typically have much higher levels of THC in their blood. They also contend that medical marijuana users have developed such high tolerance levels that they are able to drive unimpaired at levels well above the proposed five ng/mL limit. Another concern is that the law will lead to medical profiling, as officers would concentrate on individuals known to use the drug for medical reasons.

The law’s proponents say that the legislation would not change how law enforcement approaches motorists. Further, someone would have to have smoked high-potency marijuana immediately before testing to achieve a level of five ng/mL. The bill is not yet in committee and is expected to stimulate much more comment in the coming weeks. To follow the status and learn more about the proposed changes visit www.thelawman.net

building EB5 investment jobs

The immigration lawyers in Vermont and its particular predecessor companies have already been practicing immigration legislation from Burlington, Vt. Our immigration law that is worldwide known training serves people and businesses throughout America and all over the world.

Our customers offer innovative solutions are confident in the expertise and experience of our attorneys who are proficient and knowledgeable, highly expert and provide outstanding, all encompassing rendering. The recurring demands for advice and assistance the firm receives from its clients are its references that are best.

The firm’s substantial business- and family-centered immigration legislation experience melds with all the strong history of our lawyers in law that was industrial. This synergy enables us to provide comprehensive, quality representation in a number of investing and complicated business -related subjects:

— Producing EB 5 regional facilities and building EB5 investment jobs
— Procuring permanent residence for immigrant entrepreneurs
— Supplying options for customers establishing or relocating companies in the United States
— Transferring employees and advisers to the United States
— Re-Uniting family members in the USA.

The attorneys have an important commitment to immigration legislation education. They are generally asked presenting to attorney continuing legal training programs also to talk to business and professional organizations.

 

Rollover Car Accidents

In the U.S., more than 30,000 motor car accidents claim the lives of people every year, according to government crash data. Among the most devastating kinds of injuries are those involving car rollovers. Such accidents are becoming more commonplace owing to the greater number of sport utility vehicles (SUVs) on our routes. You might need a professional personal injury attorney’s recommendations in the event that you or somebody you know is hurt in a rollover accident,.

Head injuries can be reported among those injured when vehicles roll, and will leave victims with life -changing physical consequences which need rehabilitation or nursing care and lengthy medical treatment. Other along with neck musculoskeletal injuries also occur frequently in roll overs, when restraints fail and residents are thrown about or ejected in the car or especially when car occupants are unrestrained.

Due to their design, sport utility vehicles are particularly prone to rollover accidents. As stated by the Insurance Institute for Highway Safety (IIHS), human deaths among SUV occupants have risen every year for more than a decade, and over fifty percent of those killed in SUV crashes are involved in roll overs. For autos, the percentage is for trucks, 4-7%, as well as 25%. When it hits a curb, guardrail or alternative item, the car is “tripped” and flips over. Precisely the same result occurs when a driver attempts to over compensate and swerve a vehicle back onto the route.

When you or someone you care about has been severely injured in a vehicle rollover accident, you need the trustworthy advice of an experienced car accident lawyer in Pittsburgh. Severe head, neck or other injuries suffered in a rollover can make you with lasting physical problems and pain that is chronic. You might be unable to return to work to get a lengthy length of time – maybe permanently. You and your family deserve the skilled legal representation needed to ensure that you receive the medical attention you need and the full quantity of financial compensation for which you are eligible.