Car Accident Aftermath Economic Costs And Legal Consequences

The US Department of Transportation said that car accident is one of the leading preventable causes of death in the country, killing at least 43,000 people every year.

With the seriousness of car accident aftermath, many studies have focused in finding the causes and trends about this preventable accident.

Some remarkable findings about car accidents conducted by the Fatality Analysis Reporting System in 2007:

Thirty-two percent of deaths involving car crashes was caused by drunk driving.
The occupant fatality rate decreased by 8.5 percent compared to the previous year.
Twelve midnight to 3 am is the period when most car accidents occurred.

Economic Costs (based on the study made by motorist advocacy group AAA)

Each year, car accidents cost each American more than $1,000 (the cost includes police service, lost of productivity, property damage, medical expenses, emergency service, and loss of lives).
Auto accident is two-and-a-half more expensive than traffic jams in the country. According to the advocacy group, road congestion costs around $67.6 billion every year, or $430 for each individual.
People living in urban areas with a population of more than 3 million pay two times the cost of traffic jams for car accidents.
People living in small towns with a population of less than 500,000 pay seven times the cost of traffic congestion.

Legal Consequences of Car Accidents

If a driver hit a pedestrian and did not stop, it is considered to be a criminal offense.
In the US, personal injury claims is the most common type of tort law that will allow victims to be rightfully compensated.
Some states administer the suspension of a drivers who has violated the traffic rules.
In some states like South Carolina, all traffic violations have been criminalized.
Some states have its criminal law separate from its traffic law.

Some Common Causes of Car Accidents

Using mobile phone while driving. In California alone, nearly 4,700 car accidents involved cell phone use behind the wheel, resulting to 30 deaths and 2,800 injured every year.
Road design. According to a study, nearly 30 percent of car accidents are caused by poor roadway design.
The vehicles design and its condition. According to a study, SUVs are prone to rollover crash with its higher center of gravity. Some vehicles which are vulnerable to rollover are: Isuzu Trooper, Suzuki Samurai, Ford E-series, Ford Bronco II, Mitsubishi Pajero and Montero, and Jeep CJ.
Poor vehicle maintenance. Breaks and tires which are in a bad condition are one of the most common causes of road accidents worldwide.
Driving above or below the average speed. According to the US Department of Transportation, driving below the average speed makes people more vulnerable to accident than driving above the speed limit (this finding contradicts the common belief that slow drivers are safer).
Driving under the influence of alcohol. This substance is proven to diminish a persons reflexes and decision-making skills, making him prone to road accidents.
Heavy rain or snow. Bad weather condition also accounted for many car crashes in the country.
Reckless driving.

Your Personalised Number Plate Explained Certificate Of Entitlement

Owning your own personalised number plate is becoming incredibly popular with motorists of all backgrounds. With over 30 million registration numbers in the market place there is a private plate out there to suit every taste and budget. When you purchase a registration number that has never been assigned to a vehicle you will be issued with a V750, commonly known as a Certificate of Entitlement. This pink certificate is a legal document which displays the grantee and nominee names and details of the registration number. The grantee is the purchaser of the vehicle registration number and holds all legal rights to it. The nominee is a name which can be added to enable a second individual to be able to assign the registration number to a vehicle. Unlike the grantee, the nominee has no legal rights to the registration number and it can only be assigned to one vehicle at any one time.

A nominee name can be added or changed at a later date for the current fee of 25. This fee is payable to the DVLA and must be sent with your application. To have a nominee name added to your registration number the grantee must complete the section on the left hand side of the certificate entitled Change of Nominee Details.

If you are the grantee and you change address, the certificate of entitlement can easily be amended. To do this you simply have to complete the box on the right hand side of the V750 and sign and date it. You must then send the certificate to the DVLA at Swansea and a new certificate will be issued and sent to the new address. This is a free procedure and typically takes up to two weeks.

To assign a personalised number plate to your vehicle you must apply to the DVLA. Applications can be made in person or by post to your local DVLA office. In order to assign a registration to your vehicle you must provide the following items:

Your V750 (Certificate of Entitlement)
V5 Registration Document (commonly known as the log bog) for the vehicle you wish to assign the registration to. Please note that the grantee or nominee name must match the name that appears in the V5 log book.
A valid MOT certificate (if applicable)
80 assignment fee if this has not already been paid

When your registration number is assigned to your vehicle you will be issued with a new tax disc showing the new registration number, and your V5 log book will be updated and returned to you by the DVLA. You will be issued with a certificate which enables you to have your acrylic number plates produced by a number plate manufacturer. You must also remember to inform your insurance company of the change of registration. Full instructions on this process are provided on the reverse of your certificate

The certificate of entitlement is valid for 12 months from the date of issue. If after this 12 month period you have not assigned it to a vehicle, it must be renewed with the DVLA. The renewal fee is currently 25 which must be included with your application. Only the grantee may apply to have the registration number renewed. If the registration number is not assigned within the 12 month period and a renewal application is not made, the right to the registration will lapse. If this occurs the grantee may apply for a refund of the 80 assignment fee however they will not be entitled to any other refund for the registration.

Buying and assigning a private number plate is incredibly easy. Car registrations are THE must have motoring accessory. Why not find yours today and start experiencing the joys of having a personal number plate!

Legal Issues of Electronic Messaging

Electronic mediums lend themselves to informality. When people forget that electronic messages are actual records of communication that can be used in court, this can lead to serious legal trouble. Whether it’s an email or a Facebook comment, electronic messages can be used in legal disputes in the same way that paper records have been used in court for decades. >

Electronic Messaging at the Office
It’s never a good idea to mix personal uses with company email systems or electronic message boards. Tracking whether an employee is using email for personal use instead of working is harder than, say, tracking whether he’s using the company phone for personal use. But using company electronic messaging systems for informal purposes can make employees careless. Gossiping via email can lead to libel and harassment issues that can escalate to serious legal disputes.

Employer Liability
It’s important for employers to put in place a solid electronic messaging policy. Outlining the proper uses of company electronic messaging systems and drawing a clear line between work and personal uses will save companies a lot of trouble in the future. It’s important for both employees and employers to remember that just because you erase a sent email, it does not mean that that email cannot be retrieved. Any legal liability that can result from a written paper document can also result from an electronic message. Furthermore, third parties can seek legal action against an employer as a result of the electronic messaging activity of the company’s employees. These activities may include libeling a rival company or violating spam laws. Electronic messages can also be used as evidence in sexual harassment suits and cases involving workplace slander and discrimination.

Copyright Law
In terms of copyright issues that can arise from improper use of electronic messages, it’s key to remember that just because you have a published document saved on your computer as a PDF file, it doesn’t mean that you own it. If you so much as forward a copy written document to a friend or co-worker, it can be a violation of copyright law. It’s important to get legal discovery help to find out whether you need special permission from the publisher before you copy or share any piece of intellectual property.

Residential Tenancies Mental Health Problems A duty to accommodate and a tenant’s right to remain

RESIDENTIAL TENANCIES: Mental Health Problems, a Duty to Accommodate, and a Tenant’s Right to Remain in their Home

By: Michael K.E. Thiele, B.A., LL.B., Plant Quinn Thiele LLP, Ottawa, Ontario Canada. Copyright 2007

The legislation governing most residential landlord and tenant relationships in Ontario is the Residential Tenancies Act S.O. 2006, c.17. (RTA). While the residential lease, written, oral, or implied, executed by the parties may inform the rights and responsibilities between the parties, the lease agreement may only establish those rights subject to the over-riding provisions of the RTA. In Ontario, the RTA applies to rental units in residential complexes despite any other Act and despite any agreement or waiver to the contrary. Further, where a provision in a tenancy agreement/ lease is inconsistent with the RTA or its regulations, that provision is void, and where the provision of another Act conflicts with the RTA the RTA takes precedence. In this regard, the freedom to contract is restricted; even prevented by the RTA, and appellate judicial pronoucement confirms that the RTA is effectively a complete code removing even the jurisdiction of the Superior Court in dealing with the relationship between landlord and tenant outside of the regime established by the RTA.

A recognized and statutorily mandated exception to the foregoing is the application of the Ontario Human Rights Code, the provisions of which take precedence over the provisions of the RTA. It is with respect to this exception that this paper is concerned, in the context of discussing recurring and difficult cases arising at the Landlord and Tenant Board, and how the Human Rights Code is helping tenants suffering from disabilities that cause behaviours which otherwise or normally would justify termination of their tenancies and eviction.

In practice before the Landlord and Tenant Board of Ontario, it has become increasingly apparent that a great number of tenants who are called upon to defend themselves and consequently their tenancies are suffering from some form of mental illness. In many instances, the mental illness is undiagnosed, but nevertheless is apparent to the observant onlooker. These tenants, but for the litigation support offered through Legal Aid Ontario, Community Legal Clinics, and generous lawyers, are left without the protections that one expects a Court to afford parties under disability. The Landlord and Tenant Board will allow proceedings to continue against a tenant, who by any reasonable measure would appear to be a party under disability, with the usual caveat being that they speak to duty counsel (who can not represent during the proceeding) prior to hearing.

Whether justice is wrought in these circumstances is a hard question; however, I believe it is fair to say that under these circumstances, the chance for injustice is greatly elevated. How then, and where, is the protection for parties under disability, for the mentally ill and infirm?

The starting point to deal with mental illness in residential landlord and tenant matters lies in the Ontario Human Rights Code R.S.O. 1990, c. H 19.. The code provides that -every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance-. A disability is defined to include a condition of mental impairment or a mental disorder.

In the recent Supreme Court of Canada decision in Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services), 2006 SCC 14 (S.C.C.) , the Court held that a provincially created statutory tribunal was obligated to follow the provincial human rights legislation when rendering its decision. The Court stated that statutory tribunals, which were empowered to decide questions of law, are presumed to look beyond the enabling statute, to apply the whole law to a matter properly before them.

The OHRC is a fundamental law. The Ontario legislature affirmed the primacy of the OHRC in the law itself, which is applicable both to private citizens and public bodies. Further, the adjudication of OHRC issues is no longer confined to the exclusive domain of the Ontario Human Rights Commission: OHRC, Section 34. The legislature has clearly contemplated that this fundamental law could be applied by the Court and other administrative bodies and has amended the OHRC accordingly.

In Werbeski , supra, the Supreme Court of Canada found that an administrative tribunal should apply the provisions of the OHRC when interpreting statutes because:

(i) The Ontario Human Rights Code states that it has primacy over other legislative enactments;

(ii) The recent amendments to the OHRC have removed the exclusive jurisdiction over interpretation and the application of the Code, from the Human Rights Commission.

In addition, the provisions of Section 11(2) and Section 17(2) and (3) of the OHRC specifically state that “a Court, as well as the Tribunal or the Commission, could apply these provisions of the OHRC when deciding if the needs of a person with a disability can be accommodated without undue hardship.” Section 47(2) of the OHRC states that the OHRC is paramount over other legislation. The Supreme Court of Canada has also held that the Human Rights Code takes precedence over agreements and contracts: Syndicat Northcrest c. Amselem, [2004] 2 S.C.R. 551 (S.C.C.).

APPLICATION TO LANDLORD AND TENANT BOARD PROCEEDINGS

The Divisional Court in Walmer Developments v. Wolch, on a appeal from a decision of the Ontario Rental Housing Tribunal (predecessor to the Landlord and Tenant Board), dealt with a situation where the tenant was diagnosed with schizophrenia. As a consequence of this condition, the tenant exhibited behaviours that included frequent screaming, throwing garbage loose in the halls, shouting profanity in the elevator, putting her property, such as her TV, out in the hall, and leaving food cooking on the stove unattended and hence filling the hall with smoke.

The Ontario Rental Housing Tribunal did not apply the Ontario Human Rights Code, and failed to give consideration to the implications of section 2 of the OHRC to the eviction proceedings before it. This was ultimately held to be in error as Section 17 of the Code provides:

17(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

(2) The Commission, the board of inquiry or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

After some discussion of issues pertaining to the Ontario Rental Housing Tribunal’s ability to require accommodation (since ameliorated by statutory amendments), the Court held that a tenant suffering a disability has the protections of the OHRC, and most importantly that the question of accommodation shall be considered in the Tribunal’s/Board’s determination of whether to relieve from eviction under the discretionary provisions of the Tenant Protection Act/Residential Tenancies Act.

In Walmer, the appeal was allowed because it was ultimately demonstrated that the landlord could accommodate the tenant by notifying the tenant’s family of problems as they arose and that the tenant’s family could intervene. It was found that the tenant, when on her medication was controlled and her behaviour was then not objectionable.

Walmer, then, stands for the proposition that a landlord has a duty to accommodate a tenant who exhibits behaviours as a result of a disability, that otherwise would warrant termination and eviction, and where the accommodation does not amount to undue hardship, to actually take steps to assist the tenant in maintaining their tenancy by finding reasonable solutions to the problems alleged. Further, where a landlord fails to provide such accommodation, the Landlord and Tenant Board is directed to consider what may be a reasonable accommodation and where available, refuse termination and eviction to the landlord.

SINCE WALMER The Walmer decision has had the practical impact of sensitizing the Landlord and Tenant Board to the fact that many of the persons who appear before the Board are suffering from disabilities. While sensitized to the issue, it continues to be the case that the burden of establishing the existence of the disability; and further establishing what the reasonable accommodation may be; remains with the tenant. Where tenants do not have representation and/or do not have a support network the accommodation potential (and hence retention of the rental unit) offered by Walmer , is not pursued and hence is lost. Very clearly, in the Landlord and Tenant Board context, a human right is only a right if it is pursued and the Board will not, on an institutional basis assure that a mentally ill party is represented and that his/her human rights are asserted.

The Walmer decision has had a dramatic real life impact for many tenants. In particular, tenants suffering from schizophrenia, paranoid delusional disorder, dementia, alzheimers, hoarding instincts, and a host of other mental illnesses that from time to time cause behaviours that otherwise would warrant termination and eviction; now, are retaining their housing, with the landlord being required to take a little extra care for them. The Walmer development has been a positive change in that it has very clearly prevented homelessness of persons with mental illness who are able to be treated and who will function normally with the right support, understanding, and accommodation.

This is significant as the number of aging renters increases. Aging seniors, who haven’t had an issue with their landlords since the commencement of their tenancy are increasingly finding themselves before the Landlord and Tenant Board facing allegations of anti-social behaviours. Often these behaviours are age related as aging sometimes brings on mental illnesses or medical conditions that cause a person to exhibit anti-social behaviours. Often, these can be medically treated or ameliorated by additional care and support. These -mentally ill- tenants are often just regular folks whose entire life is subject to being turned upside down through eviction because they got sick. Through eviction they lose the stability that having a place to live gives, it robs them of peace, their routines, and likely exacerbates any medical condition or mental illness through the stress caused by the eviction.

While Walmer has been a tremendous help to many tenants by forcing the Landlord and Tenant Board to recognize -disabilities- and to impose accommodation of those disabilities where reasonable; the procedures of the Landlord and Tenant Board in adjudicating cases dealing with the mentally ill continue to disregard the fact that in many instances these tenants are not only mentally ill but incompetent as well. From the perspective of the Landlord and Tenant Board it never has a party before it that can be a -person under disability- as in the sense of the Rules of Civil Procedure. Query whether this is just.

CONCLUSION The issue that this paper started with remains unresolved. Persons suffering with mental illness still face procedural disadvantage at the Landlord and Tenant Board. The Landlord and Tenant Board can make a person homeless. Hopefully, the law will eventually recognize that the mentally ill and incompetent deserve procedural protection and it seems fair to suggest that one avenue to such protection is through the ideas expressed by the Court in Walmer.

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A Step-by-Step Method in Finding the ideal Employment Attorney

Litigations and disputes associated with employment are extremely complex that’s the reason why finding the ideal employment attorney is of paramount importance. Don’t forget that not all lawyers are good to handle cases that have something to do with employment. To be sure that the lawyer that you are choosing will represent you competently, you should weigh your choices cautiously in selecting a NYC employment lawyer. /p>

The first thing that a plaintiff must consider when searching for employment attorneys is the experience and knowledge. Additionally, it is very crucial to determine if they already handled similar cases in the past. The more the lawyer is experienced, the better because they can formulate strategies to offer you the upper hand.

It is only ordinary that state and federal laws will face modifications. Due to these continuous changes, individuals must opt for New York employment attorneys who are abreast with the most recent amendments in the labor laws. Employment lawyers must be aware of the details regarding the modifications applied in the legal system since addressing this matter can be technically challenging.

The way the employment attorney handles his or her client is yet another angle you should think of. Most of the time, lawyers are offering free consultations on their first meeting. This is a major thing since it simply signifies that the lawyer is concerned about their clients. In situations when the NYC employment attorney is showing low interests to their client’s case, there is a great possibility that the trial proceedings will be uninteresting. With a pathetic lawyer like that, there’s no way they can represent you professionally and successfully.

In your personal meeting with the employment attorneys, you must also ask questions regarding your case. The attorney that you’re choosing must have the cabability to offer answers to your questions in a way that is clear and easy to understand. In addition, they must offer you info about your responsibilities, legal option and rights. Placing their legal advices in writing has long been part of the practices of experienced employment attorneys NYC. The legal advice must be concise and simple that explains your case’s strengths and weaknesses. This will make the employee more ready in case they will be invited to appear in a court hearing.

Complex cases often need a significant amount of time and resources particularly if disputes have resulted to litigations. It is significant that the fee structure of a employment attorney is clearly stated. Furthermore, the payment scheme must be clear, whether if it’s on an hourly basis or through a contingency arrangement. Trial proceedings usually take a long time to complete, so it would be best to choose a combination of contingency and hourly payment. With this arrangement, clientele could compensate their New York employment attorney without exhausting their finances.

For individuals who are intending to employ employment lawyers through a law firm, ensure that the company has a Lexcel or ISO 9001 accreditation. If a firm has such accreditation, it just shows that they’re trustworthy when it comes to providing excellent client care as well as in meeting the highest standard in case management.

The very best action that you can do to know more regarding employment attorneys NYC is take your time and start in a place where you feel comfortable. Attempting to make stuff quick can possibly result in unwanted results for you may overlook certain important things. Try to check out https://www.linkedin.com/company/young-&-ma-llp to help yourself better figure out NYC employment lawyers. So to prevent procrastination and troubling your job, make up your mind that you will intended to reach success.

What should you do if you are seriously injured in a motorcycle accident

Call 911 and Ask for Help

If you are involved in a motorcycle accident, either you or someone at the scene should call 911. A police officer will be dispatched to the scene of the accident. If there are injuries, EMS and/or paramedics will be dispatched.

If you are one of the parties injured, stay calm. If you have spilled off your motorcycle, do not get up. A quick assessment by a medical professional will ascertain if you should be transported directly to an emergency room. If your injury is not serious, you may be able to get up and move around.

If a passenger on your motorcycle is injured and you are not, stay on hand to calm the passenger and provide the medical professional with as much information about the person as you can. For example, does the passenger have a heart condition or other medical condition?

Get Contact Information

If possible, once you are stabilized, ask any other driver involved in the accident for the following information:

Name, address, and phone number
Drivers license and license plate number
Insurance company name and phone number
Were there witnesses to the accident? If yes, ask for their contact information also. Did anyone take photos or a video of the accident? This evidence should be preserved and provided if you intend to sue the person who caused your accident.

The Denver personal injury lawyers at the firm represent all types of injured clients, but specialize in commercial truck accidents. Hundreds of innocent automobile and motorcycle drivers and passengers are injured and killed in accidents resulting from negligence by the truck driver or their employers. Since 1984, the lawyers at Bell & Pollock, PC, have been helping people recover full and fair money damages after suffering a serious injury or losing a family member in a commercial truck accident. We can meet with you anywhere, including your home, hospital room or office to find out how your personal injury has affected you and your family.

Obtaining a Divorce in Miami Why You Need a Lawyer

Divorce is a trying, tricky life circumstance to navigate. There are options for the DIY divorce, which appears to be cheaper on the surface, but there are some serious pitfalls. If your situation is acrimonious, difficult and hard then obtaining a divorce from your spouse could end disastrously. A divorce lawyer in Miami is the mediation you need to maintain your sanity.

Consequences of divorce affect every area of your life. Your finances (debt, income, tax status, credit), assets, and children (if you have children) will not remain untouched. Florida allows for divorce if the marriage in such a state of brokenness it cannot be fixed, or one of the spouses is mentally incapacitated- with certain prerequisites which must be evidenced in the proper documentation.

For the dissolution of a marriage in Florida there are some laws that are important to be taken into account, such as: you or your spouse must be a resident there for 6 months or more, if both parties agree to the divorce under the -irreconcilable differences- status and agree on division of assets the court need not be involved. However if one wants a divorce and the other does not, Florida courts have the right to order 3 months of marriage counseling before divorce proceedings can continue through the trial stage.

If you have children you will be required to go through a trial in which you will agree to visitation terms and custodial responsibilities. In the event that you and your spouse cannot come to agreement on this issue, then the court makes the decision on the -time-sharing schedule- for your visitation with your children.

Unless you have a prenuptial agreement, any assets acquired throughout the course of the marriage are divided equally, while all possessions and assets which belonged to you prior to your marriage are exempt from the division of assets. If one spouse feels that there is something particular which he or she should receive in the divorce that was acquired during the marriage, such as the home in which the minor children reside with the primary care giver, you may have a battle on your hands if your spouse does not want to change residence or disagrees.

Whatever situation you find yourself in, it is always best to obtain counsel and representation in the form of a divorce lawyer in Miami. In a stressful time that will impact your future a Miami divorce lawyer who knows how the court operates, the entirety of the law and how it will implicate your divorce and your life after is an absolute must. If dealing with your spouse has become too much of a burden that results in angry blow ups getting the both of you nowhere, a Miami divorce lawyer is the advocate you need, bringing a sense of professionalism and helping to bring a restoration of the balance of communication and business required to move you through your life changing season.

Considering the Best St Louis Child Support Attorney

While couples are on the verge of separation, they need to look into different aspects like child custody and child support. In order to do the right thing and in the right manner, make sure one hires the best child support attorney.

Parents have a major responsibility towards their children and when the couple is planning to separate, it gets even more essential to talk about it. For parents who are opting for a joint representation, they can visit the chosen child support attorney at the same time and discuss the various factors pertaining to the child custody and support. Of course, this works smoothly if the couple to be separated is on the same page and agrees to everything without having any problems. However, if there is some kind of misunderstanding or disagreement, it surely takes another route altogether and in such cases; mostly couples opt for a different attorney. Regardless of whether one is sharing the attorney or going solo, the point is that one must settle for the best child support attorney in St Louis. By all means, there is a need to invest some time and effort in the research process because there have been times when people made random decisions pertaining to attorneys and it didn’t quite work well in their favor. So, take a wise decision and settle for the right attorney. Use as many sources and resources one can in order to gather information, and choose the best attorney accordingly. y.

Discuss Child Support Considerations

When the parents are not planning to live under the same roof, there are certain legal duties and responsibilities that they need to follow in order to support the child. Whether the parents have their share of differences or not, the bottom line is that they need to support the child and the attorney here helps bring the different considerations on the table. It is quite true that most clients wouldn’t be acquainted with what the legal requirements are and to be on the right side, doing the legal thing, they must make sure to actually go about knowing everything that needs to be done, which of course comes under the legal purview.

Clarify on all the Doubts

It so happens that some parents just go with the flow and settle for anything and everything that is put forth before them. As much as they are catering to the best interest of their child, they must make sure that they are aware of just what the chosen St Louis child support attorney is doing. Most attorneys ensure that they have the clients on the same page as they are; however, one must be proactive from their end as well.

Author Bio:

James Stew is conveying information about St Louis divorce attorney