Your Civil Duty after Being in a Car Accident

Posted by on May 27, 2015 in Car Wrecks | 0 comments

Those who have been involved in a hit and run accident are required by law to “stop and give aid”, or if unable to, at least provide important contact information so that the necessary financial compensation will be given to the victim or victims. The driver of the vehicle who hit the victim or the victim’s property is legally bound to (1) stop, (2) present and share identification, and (3) provide necessary first-aid assistance. Even drivers who did not cause the accident can be criminally indicted if they have failed to execute these legal requirements, as well as passengers who help and assist the at-fault driver to run away from the scene. A passenger who takes over the wheel to escape the accident can also be held liable for the hit and run.

Areas such as Killen, Texas, know how difficult it is to be involved in a car accident, and they have seen their fair share of road accidents. Each year, a great number of Killen residents suffer from injuries and property damage because of other people’s recklessness and negligent behavior. The website of the Law Office of Vic Feazell, P.C., says that victims can file a personal injury claim, not only to get financial compensation for their injuries, but also to ensure that the driver at-fault knows their mistake and is dissuaded from committing it again.

According to the website of Habush Habush & Rottier S.C. ®, it is important that the at-fault driver was aware of the collision and knowingly ran away from the scene. Nevertheless, any evidence that can point out any feasible interference that an incident occurred (or what is commonly called circumstantial evidence) can be enough proof that the driver was aware of what occurred. Depending on the state, majority of laws require drivers to stop and provide information and assistance after the collision regardless of whether or not it resulted to property damage or injury. Aside from criminal charges, hit and run can also lead to civil liabilities.

Read More

More on Hit and Run Accidents

Posted by on May 25, 2015 in Car Wrecks, Personal Injury | 0 comments

A hit-and-run can take place in any type of accident – anyone responsible for or has contributed to an accident then flew the scene can be charged with hit-and-run. Even if the injuries sustained were not significant, the act of fleeing the scene can establish liability. Hit and run accidents are treated as highly illegal because parties are legally required to follow a formal process, typically compulsory, so if anyone commits this illegal driving maneuver they are committing a crime.

An important factor for victims to present in court when they have filed for a personal injury claim is to have eye witnesses when the accident occurred. Likewise, it is just as important to have the fleeing vehicle’s license plate number, otherwise it may be necessary to hire a detective to find evidence for the case. Penalties for hit and run accidents can change from state to state; if you have hired a Waco personal injury lawyer, he or she will inform you that serious injuries or death that resulted from a hit and run may come with a felony charge in Texas. Those who result in minor damages or injuries can have misdemeanor charges.

A Westminster personal injury lawyer will likely be aware that some victims tend to become confused and agitated when they have been in a hit and run accident. One thing victims of these accidents should not do is to chase the driver of the vehicle who hit them. It is best to stay calm and remember important details that would be necessary for police reports. Having as much information as possible about the incident and the other driver’s vehicle play a major role in having a strong case against them, and the gathered information should be relayed to the police report and the accident insurance claim that you will file.

Those who have been convicted with hit and run charged can have severe legal penalties, such as suspension of driver’s license and even possibly having it permanently revoked, as some jurisdictions allow. However, the penalty will still depend in how serious the accident was and the damage and injuries it caused.

Read More

Hit and Run Accidents

Posted by on May 20, 2015 in Personal Injury | 0 comments

Hit and run accidents can lead to varying degrees of injuries, so in order to protect the victims, hit and run laws (or stop and give aid laws) are enforced to assure the victims get the necessary medical care that they need and the compensation for damages that the accident have caused them. Drivers who are involved in pedestrian collisions are required to (1) stop, (2) give their identification, and (3) provide any necessary or immediate assistance, even if they were not the one at-fault for the accident. Furthermore, according to the website of Spiros Law, P.C., victims have right for compensation, especially if the person who hit them abandons any of these duties.

State statues regarding hit and run accidents can differ, so a Broomfield personal injury lawyer may view a hit and run accident in Colorado differently as those from other states. Hit and run situations that involved unoccupied vehicles or any unattended property would still require the driver to leave behind their information as well as a small description of the accident, as some state statute would demand from them. Additionally, they are to contact the local law enforcement office to inform them of the incident as soon as possible.

Likewise, there are some states that would criminally prosecute passengers who assist or support a hit-and-run driver to flee the scene. Passengers who take over the wheel to drive away can also be held liable for the accident. The state of Texas considers drivers of hit and run accidents that resulted to death or serious physical injuries can be charged with third-degree felony charges. Many Killeen personal injury lawyers know how much of an impact a these kinds of car accidents can have on victims first hand through their experiences representing injured individuals.

Read More

Communicating in Marriage is Important

Posted by on May 18, 2015 in Marriage | 0 comments

Communication is one of the key factors in a marriage; many marriage counselors even believe that communication is the foundation of a good marriage. In a fast paced world with almost unlimited options for communications, it is a wonder how couples can still have communication problems in their marriage. Many spouses believe that everyday talking is enough to count as communication, but the rising number of separation and divorce cases prove otherwise. For many who believe their marriage is worth saving, thinking about marriage counseling is one way to rebuild the connection with your spouse or partner.

A lack of communication in a marriage can result in a number of negative emotions such as anger, frustration, and resentment. Many studies have already determined the effect of a healthy communication in marriage, with spouses experiencing a more fulfilling relationship with strong empathy and intimacy between the couple. With a healthy marital communication, spouses can attain enlightenment and growth within the union that being alone can’t provide otherwise.

There are many ways that poor communication can manifest in a marriage. One is having too much competition within the union. Although a competitive nature does have its advantages in some areas of life, it can build walls that can separate partners that can be exhausting and demoralizing for both. Couples who are always fighting for superiority and dominance can break down communication. Being focused on individual goals strays away from the core of marriage: two people being together as one.

Another factor that can cause miscommunication is when spouses forget to be kind to their partners. Often, the problems and issues of everyday life can take its toil and, with couples being too familiar with each other, courtesy and politeness are often taken for granted. This could lead to unkind and hurtful words, or words that can be misunderstood by the other party, leading to derailed communication. One way to counter this is by keeping your emotions in check in order for your message to be understood clearly by your spouse.

Having open and honest communication with your spouse can lead to the feeling for safety and freedom in your marriage. Take time to consider your words and how you express them, and give your spouse time to express themselves as well. Because it takes time and practice to reconnect with your spouse, thinking about marriage counseling would help make crossing the boundaries easier and progress more effective.

Read More

Accused Domestic Abusers Deserve Fair Trials

Posted by on May 15, 2015 in Criminal Laws | 0 comments

Domestic violence does not discriminate; according to the Center for Disease Control and Prevention (CDC), roughly three in every ten women and one in every 10 men suffer from domestic abuse. These people, who have experienced any form of physical violence, rape, and/or staking from an intimate partner, have stated suffering from one or more effects of the violent behavior during and after the relationship. The trauma from domestic violence is more than physical, as victims report effects on their psychological and emotional wellbeing.

How a person deals with domestic violence can depend on a number of factors. The recurrence of the abusive situations, the extent of abuse, and the impact on physical health can influence whether the effects of domestic abuse are short term or long lasting. How a person copes with stress can also be a factor, as well as the person’s age, and their past exposure to different traumatic situations. The timing of the intervention and the length of therapy can also influence a person’s ability to deal with the effects of domestic violence.

Aside from the physical trauma, psychological and emotional trauma can cause personal and social issues to people who have been through domestic violence. They can have trouble expressing themselves, and have social anxiety that become a hindrance in everyday life. Because of the severity of the effects of domestic violence, it has been considered as a criminal offense. As the Waukehsa criminal defense lawyers of Kohler & Hart, SC say on their website, charges of domestic violence can greatly affect the person’s life, even if they are wrongly accused. It is therefore just as important for them to have a fair trial as victims of domestic abuse be saved and protected from their ordeal.

It is important for everyone to understand how to deal with it and to stop the cycle of domestic abuse. It may seem difficult, but overcoming the effects of domestic violence can be done. Through therapy and counseling, victims of domestic abuse can again lead a normal life. Time, space and the belief of safety can greatly encourage the healing and positive coping of the victim for them to start believing in themselves again, become independent and have stronger relationship with themselves and other people.

Read More

Is an Oil Company Eyeballing Your Land?

Posted by on May 13, 2015 in Gas and Minerals | 0 comments

Many landowners are rather uninterested in minerals and other related matters until they receive a notice of interest from an oil or gas company asking for lease on their mineral rights. Gas and oil companies ask for lease for mineral rights because of the possibility of finding gas or oil on your land. In order to “harvest” the gas and oil reserves, the company would have to secure an Oil, Gas and Mineral Lease from you, the property owner.

The way the Lease works is pretty straightforward. The property owner will be paid an up-front lease bonus together with royalty percentage on the value of production, in exchange of permitting the oil and gas company to drill and produce. Drilling often occurs, but there are some cases where drilling is not done until the lease merely expires. If you are trying to sell mineral rights, you have to also make sure that the owner of the surface rights is aware of your plans for selling or leasing.

There are instances where the surface owner is different from the mineral rights owner, so even if you lease your mineral rights, they may still have to ask permission from the surface rights owner to drill. This can be complicated, which is why before trying to sell mineral rights, you should also consider the surface rights owner, especially if the property rights have been severed. Any damage that is related to surface use is compensated. In order to avoid being cheated on your land is by hiring the help of professionals who can provide advice regarding sharing ownership and the significance of severed property rights.

In general, the mineral rights owner has more authority regarding the property, nevertheless the surface owner still have the right to prevent negligent and unreasonable use of their part of the land. Likewise, the mineral owner should adjust to any existing use of surface. In general, the surface owner has the right to ensure that the surface is not negligently used and existing use is effectively accommodated to minimize damages.

Read More