Truck Accident Causes

The National Highway Traffic Safety Authority reports that since the late 1970s trucks have been involved in 12 to 13 percent of all fatal accidents. There are three general categories of factors that lead to truck accidents: driver error, external conditions and defective equipment.

Truck Accident Statistics

According to the National Highway Traffic Safety Administration, in 2001 there were 429,000 large trucks involved in traffic crashes and 4,793 of those were fatal. A large truck is defined as having a gross vehicle weight over 10,000 pounds.

Driver Error

Safe operation of a large truck is vital, simply because of the sheer size of the truck. Simple mistakes like failure to yield, not braking in time or taking your eyes off the road can have terrible consequences. Add to that the fact that many truck drivers are subjected to unrealistic delivery schedules which can lead to speeding, driver fatigue and even drug use to try to stay awake for extended periods of time. All of these factors can contribute to a large truck accident.

External Conditions

A speed limit of 55 mph or higher, poor weather and curved roads significantly increase the odds of a rollover or jackknife for large trucks. According to the National Highway Traffic Safety Authority, as the weight of a large truck and its cargo increases, the odds of a rollover increase, but the odds of a jackknife decrease. On the other hand, as the length of a large truck increases, the odds of a rollover decrease but the odds of a jackknife increase.

Defective Equipment

Trucking companies are responsible for ensuring that their vehicles are properly maintained. These companies are required to keep logs of any maintenance done to their vehicles. Improper maintenance can contribute to large truck accidents, including tire, brake or steering failure. If restraints are weak or faulty they can break and the load can fall and strike other cars or land on the roadway and be struck by other vehicles. A truck that is overloaded and carrying too much weight can experience brake failure when it has to stop suddenly. Trucks that carry hazardous materials can have defective containers.

Truck accidents occur because there are so many factors that come into play. Trucks need to be properly maintained. Drivers need to be fully trained and fully alert. Even road conditions, lighting and posted speed limits can contribute to a large truck accident.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about truck accidents.

If you’ve been injured by a truck, please contact the Tallahassee law firm of Searcy Denny, P.A.

How Do Assets Get Distributed When There is No Will?

Probate is the legal process of resolving claims against, and the distribution of, a deceased person’s property. Probate only applies to assets that are owned solely by the deceased. For example, joint bank accounts, jointly owned real estate or life insurance and retirement accounts that have a beneficiary listed are not probate assets. However, anything listed as payable to the decedent’s estate is a probate asset.

If the deceased left a Will and it is determined to be valid, then property will be distributed according to the Will. If there is no Will, or it’s lost or invalid, then there are rules as to how the assets will be distributed.

Distribution of Probate Assets When There is No Valid Will

If someone dies without a Will, they are said have died “intestate.” If the decedent died intestate, then probate assets are distributed in the following order of priority:
• If there is a surviving spouse and no lineal descendants, all of the estate property goes to the spouse.
• If there is a surviving spouse and lineal descendants (and all are descendants of the spouse and the decedent both) then the spouse receives the first $60,000 of the estate plus one half of the remaining estate.
• If there is a surviving spouse and lineal descendants of the deceased, but one or more of the descendants are not lineal descendants of the surviving spouse, then one half of the estate goes to the spouse and the other half to the descendants.
• If there is no surviving spouse and there are lineal descendants then the estate goes to the descendants.
• If the deceased was not married and does not have any descendants, then the estate property goes to the parents, if they are living, or the siblings of the deceased.
• Florida intestate laws will distribute the estate to more remote heirs if none of the above applies.
• In the rare case when no relatives can be located, the estate can go to the State of Florida.

There are certain exclusions to the above distribution rules for someone who died intestate. Some exceptions would be a statutory allowance for a surviving spouse or any children the decedent supported. There are also exclusions for homestead property. For example, if the decedent’s homestead was in solely in their name, the surviving spouse will have use of the homestead until their death. Only then will the homestead pass to the decedent’s lineal descendants.

Probate law includes the group of laws that determine how a deceased person’s property is distributed when there is no Will or the Will is found to be invalid. There is a very strict order of priority for determining who receives probate assets when someone dies intestate. And probate litigation could follow.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about Probate Law in Florida.

Do you need a Criminal Lawyer?

Facing some criminal charges and need a good lawyer? When you get in trouble for a crime you have committed it’s best to locate the best lawyer out there that will help you in every step of setting up the case for trial. You need a criminal lawyer who will answer you quickly on any answers you may have. One that will present how he is going to go about handling the case, and what outcome he is looking for.

Guilty or Not
Obviously some people who get charged with criminal charges are guilty. The cops don’t just place everyone under arrest for a criminal charge. There may have been an investigation and they found that you were guilty. With knowing that you have committed the crime you can’t expect the lawyer to get you off free. Perhaps they will be able to get the time you serve down by a few years.

Charges you are Facing
Really it depends on how bad the charges are, and what kind of evidence the police have against you. The more you have left behind at the scene of the crime the more damaging it will be to your case. That’s why when you look for your own criminal lawyer you should get one who is experienced in criminal law. Perhaps you should even look for a lawyer who will only take on criminal law cases. Knowing that may give you a bit of an advantage, because they should have the up to date laws fresh in their minds. When you look for a criminal law lawyer don’t choose the very first person you talk too. You should try and compare at least three different attorneys and find out their fees. For some people they may not have enough money to pay a lawyer up front. Check to see if any of your choices accept payments for their fees.

Right Lawyer
You want a lawyer who will work with you so that your life and your loved ones’ lives are completely thrown off course. Make sure that how they will handle the case is told to you. The way that your own criminal lawyer will handle the case depends on what charges you are facing, and how much evidence is held by the prosecution. It may be obvious that you are extremely guilty in this case your criminal lawyer will try to present you in a different light to the jury or court. They will want to make you seem like a decent guy who only made a bad choice, and that you are very repentant for the crime you have committed. This type of approach is to make the jury or court feel a bit bad for you, and when they go to figure out your punishment hopefully they will give you less time.

Handling your Case
Each criminal lawyer has there own way of handling situations, and yours will have their way. You can impose your will on your attorney, they are the one with the knowledge and school behind them. Let your attorney handle your case the way they feel is best, and you may find that you will have to spend a lot less time in jail.

**THIS INFORMATION IS NOT LEGAL ADVICE. PLEASE CONSULT WITH A LOCAL ATTORNEY FOR INFORMATION REGARDING YOUR CASE.**
This article was provided by SmithSEO but special thanks to the Driver Law Firm in Raleigh, NC. for making this possible.

Personal Injury Video by Gary Jodat | Sarasota, Bradenton and Venice

Divorce, Criminal, Bankruptcy Video by Gary Jodat | Sarasota, Bradenton and Venice

Bankruptcy Video by Gary Jodat | Sarasota, Bradenton and Venice

What is a personal injury? Part 2

Although the United States doesn’t have the same limitations as England in these types of cases, at times it may take a while for a settlement to be reached. While in England they have 3 years to see the case or if the injured person is under 18, the case must have been seen before their 21st birthday.

Many times a settlement will be reached and the payment will be delivered in a structured settlement. This means that they will receive payments for the amount of time that was decided during the court proceedings. Some people may want a lump sum payment and there are places that will take your structured settlement and pay you a lesser amount so you can get all your money up front. But a structured payment is great for someone who may have monthly bills for the rest of their lives due to the injury. That way you always know that money is coming in each month.

One of the first things you should do after being in an accident in which you suffered a serious personal injury, or really any kind of personal injury is to contact some injury lawyers. Find one that will work with you and one that will take you case on contingency. This will save you money in the long run, and sometimes it seems that these attorneys’s will fight harder for you.

***This is not legal advice. Please speak with an attorney in your local area for info regarding your case.***

This article was provided by Gerrid Smith and sponsored by Abrahamson Uiterwyk and Barnes in Tampa, FL

What is a personal injury? PART 1

What is a personal injury? It is an injury that will cause an injury to a person in a physical or even a psychological way. The personal injury can come from medical malpractice or an accident.
Most personal injuries happen in a car accident. But they can also happen when a person is at work and may accidentally fall and get hurt and several other ways that follow. Perhaps you have bought a product recently that is tainted and causes a physical injury. You may have to go in for a medical procedure only to have it done in the wrong way leaving you with a permanent injury. There are such things as industrial disease too, such problems in the past are asbestos poisoning, and Asthma caused form work conditions, occupational deafness, and even some chest disease.

As you can tell personal injury really covers a bunch of territory. When you have been in an accident that causes a personal injury you may be able to reach a settlement that will help you with bills that you may have gotten due to the injury. Plus if you need ongoing treatment the money you receive in a settlement will help to pay those bills too. Most of the attorneys that you find will take these types of cases on a contingency basis, which means until they get a settlement for you they do not get any fee. This is a great way for many people out there to be able to get the right settlement for a personal injury they may have been in.

Will Bankruptcy help you out?

When you get into a tough spot with your bills and aren’t able to pay them on time or you pay less than what was due, you may want to check into a bankruptcy to help you out. People can get into a situation where they just can’t afford all the bills they have to pay. As each month goes by without a full payment or no payment at all late fees will be added on, making those bills get out of hand quickly.

What do you do?
This situation is not going to fix itself, and sometimes it just gets past that point that you’re able to correct it. This is when you begin to look into a bankruptcy and how it will help you out. First off if you have filed for a bankruptcy already and it’s been dismissed within the past 180 days you will not be able to file another petition. Once the 180 is past than you can go ahead and file your petition. Really you shouldn’t do this process on your own; you should get a lawyer to help you out. Or at the least a legal aid to help you fill out the paperwork to ensure that you have everything you need.

How to pick your Lawyer
Well picking a Sarasota lawyer should not be that tough, but make sure that you only talk to one lawyer and tell him that you want to hire him. You should visit with at a minimum three lawyers and ask them how much you will need to pay for their fees. Plus you need to find out if the court filing fees are included in the cost of the lawyer or you pay them separately. Another very important question to ask is if the lawyer will accept payments for their fees. This is especially helpful if you’re short on money. The best thing about being able to make payments is that it will not strain your budget, and you can also refer the collection calls to your lawyer. Plus an attorney is the best to tell you which type of bankruptcy is best for you.

What you need
You will need to provide your lawyer with certain information so the right paper work can be filled out for your petition for bankruptcy. You will need to have a listing of all your assets and liabilities, how often you are paid and how much you pay out each month or if you have any outstanding leases or contracts. If you have any past due notices your lawyer may want those too.

Relief
You’re sure to experience a sense of relief once you’ve handed over to your attorney all the information they need. Now you can refer those collection calls to your attorney. There is nothing better than to have all those calls stop, and you send back the past due notices that come in, or you keep them for your attorney, it depends on what they tell you to do.

**THIS INFORMATION IS NOT LEGAL ADVICE. PLEASE CONSULT WITH A LOCAL ATTORNEY FOR INFORMATION REGARDING YOUR CASE.**
This article was provided by Gerrid Smith but sponsored by the Jodat Law Group in Sarasota, FL.

What you need to know about DUI/DWI

When you drive and drink it’s a very serious crime no matter what state you are driving in. So with a bit of information you will hopefully never need to use here is what you need to know in case you are picked up for driving and drinking. You have a certain limit on how much alcohol you’re able to drink, and to be sure that you don’t have any drugs in your system that will impair your ability to operate a vehicle in a safe manner.

As you drink alcohol it will get into your blood stream and make the level of alcohol higher in your blood. As this happens your reactions will become slower, and there should be no way that you jump behind the wheel of any vehicle to operate it. Most states have set the limit at .08, above that level and you will be given a ticket or even taken to jail until you have sobered up.

If you do get stopped by a cop who thinks you may be driving drunk you should remain calm. You will be tested with a breathalyzer test, or maybe even a blood test may be involved. Some of the officers may run other kinds of tests to test your skills. If you don’t cooperate you will most likely go to jail, and you may find that your license is suspended. And it won’t matter if at a later time you are found not guilty, you will need to get your license reestablished. In some states the length of suspension will be different and up to a year. DUI will sometimes be referred to as DWI, which stands simply for Driving While Intoxicated.
Even if you are charged for the first time with DUI you may find that you will have to still spend time in jail. But the jail time will not really be long, but they will also need to pay some sort of monetary fine. Plus in some states they have the opportunity for a person to take a program; once it’s completed they may be able to get their license unsuspended.

Try and get a DUI/DWI attorney on your own, but you have a free attorney who can be assigned to you by the courts too. Some statistic about drinking and driving are found from Mothers against Drunk Driving. They say around 17,419 people died due to alcohol being involved in an accident. That was back in 2002, and it averages out to around one per every thirty minutes while over a million people were injured in accidents that had alcohol involved. This is an average of an injury per every 30 seconds.
The best thing to do after a few drinks though is to not drive. Don’t be one of the statistics take everyone’s safety into mind before getting behind the wheel. It is a lot easier to not drink and drive than to go to court, pay a fine, and perhaps end up in a class about drinking and driving. If you don’t get behind the wheel think of the time and money you can save.

**THIS INFORMATION IS NOT LEGAL ADVICE. PLEASE CONSULT WITH A LOCAL ATTORNEY FOR INFORMATION REGARDING YOUR CASE.**
This article was provided by Gerrid Smith but sponsored by the Driver Law Firm in Raleigh, NC.

PR.com Listing for AUB

As part of my promotional efforts, I’ve decided to setup a PR.com account for AUB of Tampa, Fl. You can checkout their new listing on this page.

Stay well and be safe.

The Personal Injury Claim Process

First comes the accident. You may be driving to work or heading out to visit family members when it happens. Another car comes out of nowhere, severely damaging your vehicle and causing you serious injury. What do you do? The first step is to treat your injuries of course, but the rest of the process will be mostly about seeking financial compensation for mounting medical bills, lost income and the pain and suffering that you may incur as well.

Contact an Attorney
This is an important step, since this professional can make a big difference in the type of settlement you receive. Choose an attorney that is especially qualified and experienced in personal injury lawsuits to ensure that your case will be handled with the highest level of integrity and competence. This professional will be able to work directly with the insurance company for the best results and oversee the paperwork involved with filing a personal injury claim to ensure that the process goes as smoothly as possible.

Send a Demand Letter
If your attorney determines that a personal injury case makes sense, he will probably take the next logical step in sending a demand letter to the responsible party requesting financial compensation for injuries and pain and suffering. With any luck, the company responding to the demand letter will agree to a settlement and the case will never even make it to court. If not, you and your attorney will move onto the next step of the process.

File a Lawsuit
If the two parties involved in the personal injury claim cannot come to an agreement on a settlement, the case may need to go to court and be decided by a judge and jury. This is another step in the process where it really pays to have an experienced professional fighting for you to ensure a fair settlement will come out of the court proceedings.

Go to Trial
If your personal injury case goes to trial, it may be before a judge or an entire jury. In some cases, arbitration is offered in lieu of a full trial, which entails both parties going before an arbitration panel to try to negotiate an agreement on the settlement. In some cases, insurance policies may require that the involved parties go to arbitration, because it is a less costly approach to a personal injury claim than a full trial might be.

Settlement is Reached
Whether it is through negotiations, a trial or arbitration, a settlement will finally be reached that both parties can agree with. However, the work of the personal injury lawyer doesn’t stop there. If payments are not received in a timely fashion, collection procedures may need to be used to ensure that the checks do not stop prematurely.

The personal injury claim process is an involved one, but most victims of accidents find that the time and effort is well worth their while when they receive a settlement that will help them pay their bills and reclaim their life.