Lawyer Talk

Legal commentary provided by Attorney Randall Flagg

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Most Common Causes of Bicycle Accidents


Highway traffic deaths have been declined in recent years, bicycle fatality rates have been increasing. Based upon information from the National Highway Traffic Safety Administration (NHTSA), the portion of bike, pedestrian, and other non lorry occupant casualties has increased from 13% of all deaths in 2003 to 17% in 2012.

In 2012, NHTSA information included on revealed that 726 bicyclists were killed in traffic crashes, a 6.5% boost over 2012. There were likewise 49,000 injuries, a 2.1% increase from 2012. Below are five typical reasons for bicycle mishaps and pointers to minimize your threat of a mishap.

1. Neglectful Riding/Driving.

Just as drivers are more sidetracked by gadgets in their cars, so are bicyclists. When you are on your bike, you never ever wish to take your eyes of the roadway in front of you. Nevertheless, too many bicyclists are looking down at their mobile phones, iPods, or other mobile innovation while riding. Texting, emailing, web surfing, and other mobile device use while in motion has become a severe public health danger.

2. Speed Too Quick.

While bicyclists generally don’t ride at the speed of cars and trucks, that does not imply they must ride as quick as possible. Severe injuries and deaths can be connected to the speed of travel. Other cars on the road, the surface, roadway conditions, and weather are all elements must be taken into account when determine a safe speed to take a trip while riding.

3. Riding too Near To a Lane of Automobile Traffic.

Chauffeurs should leave at least 3 feet from the largest point of both their vehicle and the bike. More than 20 other states need motorists to provide bicyclists 3 feet of space when in the exact same lane. Nevertheless, in Washington, only motorcyclists are needed to provide bicyclists 3 feet of area when passing in the same lane.

Bicyclists should never ever presume automobiles will leave them plenty of space to securely run their lorry. It can be safer to use a shoulder lane or walkway than the right edge of a highway. It’s also crucial to understand which stretches of Washington highways and highway restrict cyclists.

4. Intersection or Lane Merging.

Bicyclists are considered ‘cars’ in Washington. Under the law, they have the exact same rights and duties as automobiles. Nevertheless, the caveat is that bicyclists are required to stay on the right side of the roadway, unless turning, avoiding an object, or safety requires they ride in the center or left part of the lane.

Bicyclists should comply with traffic lights and stop signs and utilize signals when turning. Too many bicyclists are lost each year due to failing to follow the rules of the road.

5. Sidewalk, Car Park, and Driveways.

Pathways, parking lot lanes, and driveways have the tendency to be more confined than roads so there can be less time to prevent a mishap and a greater danger of event. Riding in these areas requires additional care and a pro-active method to foresee what might happen. You never wish to presume a car is stop when they should or is going to see you.


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Do Wrongful Death Cases Take a Long Time To Settle?

Every personal injury and wrongful death case is unique. While some may settle quickly—even in a matter of months—other personal injury or wrongful death lawsuits can take an average of one to four years to resolve. Even if your case does not go to trial, settling your case takes time (while we perform a thorough investigation of your case).

Sometimes, if you aren’t working with legal professionals, it is possible that a particular case will resolve quickly, especially if the insurance company offers a low settlement and that settlement is accepted by the injured party.


We want to make sure that you receive the maximum value for your injury or loss. Therefore, our Chicago personal injury lawyers will never settle until we understand the extent of your injuries and the true impact of the defendant’s negligence.

What Is A Wrongful Death Lawsuit?

If you suspect that someone committed an action that prematurely caused a family member to die, then you should consult a lawyer. Wrongful death claims can be filed in addition to criminal charges. The criminal and civil charges are not connected to each other. A defendant may be found guilty in one case but not guilty in another. A defendant found guilty in a criminal case may face jail time or the death penalty, but when you file a wrongful death claim, all you can ask for is financial compensation.

What Are The Grounds For A Wrongful Death Lawsuit?

Generally, the grounds for a wrongful death lawsuit fall under negligence, reckless acts or intentional acts. Negligence can include things like driving under the influence, medical malpractice and not fixing safety issues in a building. Reckless acts can include things like drag racing and playing with loaded guns. An example of an intentional act would be murder. Consult a wrongful death attorney to find out if your grounds are good enough to start a lawsuit.

The Quick Settlement Process

Arguably, many insurance companies are interested in pushing a quick settlement forward because they know it’s in their own interest, particularly when it comes to injured victims who may not have discovered the full depth of their injuries, especially those that can be slower to surface. The risk here is that you may end up with additional medical and/or rehabilitation costs later on that are then not addressed by the settlement.

Once that an agreement has been reached, it can also take weeks to complete the entire settlement process; thus, in total, it can take at least a full month for all of the proper documents to be processed and for the funds to be divided out.

Many people are under the impression that a criminal suit is the only way to sue someone for a person’s death. However, that would be incorrect. A criminal lawsuit and a civil lawsuit are two entirely different matters as the world discovered during the O.J. Simpson wrongful death civil lawsuit.

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What To Look For When Evaluating Personal Injury Attorneys

Choose a lawyer who does Injury law specifically.

Lawyer’s who deal with divorces, trusts, wills or bankruptcies can be Jack of all trades but Masters of none. You run the risk of the quality of your representation if you select a lawyer that does not specialize in individual injury law.

If essential, Select an attorney who has a history of taking cases to trial.

Many if not most attorneys who advertise they manage accident cases have actually never seen the inside of a courtroom. They take your case, aim to push you to opt for a pittance. Insurance provider are very aggressive. If they know your lawyer doesn’t go to trial, that he’s afraid of the courtroom, they will make the most of this and make ridiculous deals or make little or no effort to settle your case. They understand your attorney is shooting blanks and that he will fold his hand … and pressure you to fold too when he sees the insurer isn’t going to budge. The insurance company understands it if your attorney isn’t really willing to put the case before a jury. and it will injure you.

Select a personal injury legal representative with a tested history of high decisions and settlements.

If you have a large case with serious injuries it’s essential to understand that your attorney can deliver a large decision or settlement. The Million Dollar Supporters is a popular organization of attorneys who have actually settled or attempted cases worth a million dollars or more. KaplunMarx is a great law firm as well.

Not every case deserves a million dollars, but if you have that sort of a case, make certain you have an attorney who can perform.

Work with an attorney who’s an active member of State and National Trial Legal Representative Groups.

Major injury attorneys collaborate with and gain from other outstanding personal injury lawyers. In today’s extremely challenging environment where insurance providers are not reluctant to utilize cheats and deceptive techniques to make injured individuals look bad, it’s crucial to be up to date, and to understand exactly what the insurance companies depend on.

Discover a lawyer who has adequate resources to take your case seriously.

When you hire a lawyer … look around. Does the lawyer have a line of credit or individual assets essential to correctly prepare your case? Severe personal injury cases are expensive to prepare.

If properly prepared, the expense in a single case can frequently go beyond $100,000+. Ensure your attorney has enough loan to have fun with the big boys.

The attorney should enable you to talk with his past clients if you ask.

If a lawyer is any excellent do you think he or she would have any issue with enabling you to talk with previous customers they’ve represented? Any attorney worth his salt has actually satisfied customers he’s not ashamed to enable you to talk with.

If a mishap attorney in Sacramento informs you he or she cannot allow you to speak with previous clients, you must think about thoroughly that perhaps there’s a reason for that … that perhaps they hasn’t done such an excellent job for those clients in the past.

Keep a legal representative who’s composed and lectured in the injury field.

Ask the lawyer you are considering working with about short articles they have actually written in the injury field and discussions they’ve given to other injury attorneys.

Have they had a public service TELEVISION program where they’ve spoken to the general public about accident matters. If the attorney has actually never ever written, never given presentations to other lawyers, never hosted a TELEVISION show … consider how much he likely understands about his field.

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When Should I Employ An Injury Lawyer?

when to hire lawyerWhen must I work with an accident lawyer is a concern many individuals ask. After you have actually been hurt in a mishap, such as auto accident, bike or bike wreck, slip and fall, or other type or accident, you might question if or when you need to think about employing an accident lawyer. Your choice needs to be notified by the responses to a number of concerns. After you have actually analyzed each of them, you’ll have a much better concept about whether you need to keep counsel.

How severe is your personal injury?

Not all injuries will need making use of a legal representative. If your injury is small and you have the time to deal with the legal and insurance coverage claims by yourself, it is possible for you to settle your very own claim. It is very important, nevertheless, that you think about looking for aid from a lawyer for any injury that has discomfort that lasts for longer than a couple of days which needs treatment. The Kaplun Marx car accident page says that if your injury demanded hospitalization, surgical treatment, physical treatment, rehab, chiropractic work, plastic surgery or orthopedics, you likely have to have your case assessed by an injury legal representative, and they are right. When claims include considerable past and future medical expenditures, their worth can be considerably increased when you have excellent legal representation.

Do you think that your personal injury was brought on by another person?

If you think that your injury was triggered by another person’s neglect or that the death of your enjoyed one arised from another’s actions, it is essential to seek advice from an accident lawyer. Showing legal fault includes using particular requirements to the proof. In order to enhance your claim, it is essential to speak with an attorney as quickly as possible so that the crucial proof can be collected and protected.

Is an insurance provider representative calling you?

Insurance provider use adjusters and claims agents in order to lower their losses. They do so by reducing the quantities that the business pay in injury claims. If you are called by an insurance provider agent who asks you for tape-recorded declarations, medical records, your story, releases and other info, you need to inform them that you are getting in touch with a lawyer. Insurance coverage adjusters will typically aim to get you to make declarations that are eventually damaging to your claim, and you need to never ever sign releases without a lawyer’s evaluation. The releases insurance provider often request are blanket permissions that permit them to dig through your whole case history. The factor they wish to do this is so they can blame your injury on a pre-existing occurrence. This can lead to your claim’s worth being considerably decreased.

It is likewise essential for you to comprehend that the factor adjusters call you is due to the fact that their business thinks that you likely have a legitimate claim. They wish to get the details that they require in order to assist them with their objective of either decreasing your payment or rejecting all of it together. This holds true even when you are handling your very own insurance provider in a case including an uninsured driver. Do not succumb to their techniques and rather, talk to an accident lawyer.

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Rear- End Collisions – Liability and Settlements

rear-end-collision.jpgRear end collision is one of the most common types of road accidents in the United States. According to statistics from the National Highway Traffic Safety Administration or NHTSA, rear end collision road accidents comprises of nearly 40 percent of all the road accidents. That said, it is therefore important to know the circumstances that can lead to this type of accident in order to prevent it.

Rear end collision is the type of vehicular accident where one vehicle hits or crashes into the other vehicle’s rear end. In this type of accident, there are usually three scenarios that can lead to it.

  1. The first car suddenly stops to prevent an accident and the car behind did not stop fast enough or was too near to prevent a rear end collision even when the driver immediately notices the sudden stop.
  2. The car behind accelerates too fast compared to the car in front. Common reason for this is miscalculation of speed or inattention of the driver driving behind the first car, thus leading to a rear end collision.
  3. When a car backing up or driving on reverse hits the car behind. If the car that was hit was parked, then the fault is definitely on the driver of the car backing up, if the car hit is being driven, then the liability can be debated and would depend on the circumstances. For example, was the car driving on reverse had the signal on and did the necessary precaution to warm motorist? Was the driver of the second car hit because he was inattentive or busy doing something else, or was the driver driving at a fast speed and was not able to break on time?

As you can notice, on rear end collisions, it is on the burden of the person who rear ended the vehicle to prove that the fault is not his’/her’s. Unfortunately, laws and safety precaution always put the driver who rear ended to be at fault because of a basic reason, a person must drive at a safe distance from the vehicle in front of it in order to prevent this kind of accidents. That leaves inattention on the road while driving as the other reason for rear ending a car, and that is inexcusable either.

Rear end collisions can result to some serious injuries and if you are the one who is responsible for it, a personal injury lawsuit is almost always inevitable. Most of these cases are settled by making a payment for the damages that was incurred. A rear end collision settlement often covers medical expenses as well as pain and suffering, which means victims can expect a big payout if they suffered serious damages. Along with medical and treatment fees, lost wages and property damages, you must also pay for pain and suffering that resulted from the injuries. The more severe the injuries, the more amount you have to pay for the settlement. There have been a lot of cases where the aggrieved party seeks more settlement compared to injury incurred by faking some pain. That is one of the reasons why going to a doctor for immediate check up after the accident is always advised to immediately asses the injury. This is important as medical records are vital evidence used in court to determine the cost of settlement.

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At What Point Should I Speak With an Orange County Wrongful Termination Lawyer?

Termination of employment

Gavel on termination of employment document

If you have lately been fired or let go, you might be wondering about your options, regardless of whether you have legal claims upon your employer or not. Many fired employees don’t: Because workers are generally presumed to operate “when needed,” they are able to quit at anytime, and they may be fired at anytime, unconditionally that is not illegal. So, for instance, any worker who’s fired for poor performance, attendance problems, or misconduct — or for just as being a poor fit or “no longer working out” — generally will not have any option to pursue compensation against their companies.

This does not imply that every firing is legal, however. Even at-will employees can not be fired for discriminatory reasons, in retaliation for confirming harassment or any other wrongdoing, or simply because they worked out a legitimate right, for instance. In cases like this, any worker should think about taking the next step by having an employment attorney by their side. There are several great Orange County wrongful termination lawyers available that provide their services on contingency. Visit The Cooper Firm for more about wrongful termination in the OC.

What’s Wrongful Termination?

Wrongful termination is really a catchall category that describes any illegal reason behind firing any worker, for example:

Discrimination. It’s illegal to get rid of a worker due to race, skin color, national origin, religious beliefs, sex, disability, genetic information, or age (when the worker reaches least age forty) condition and native laws and regulations frequently safeguard additional qualities, for example marital status, sexual part orientation, and gender identity.

Retaliation. A company might not fire any workers since the worker reported illegal behavior, for example harassment, discrimination, place of work safety concerns, wage and hour violations, and so forth.

Breach of public policy. In lots of states, it’s illegal to fire any worker for reasons that many people would find morally wrong. For instance, any worker who’s fired for working out a legitimate right (like the right to an election), declining to commit an unlawful act (for example laying to government auditors or mislabeling company items), or confirming wrongdoing (for example accounting fraud) might have this kind of legal claim.

Additionally, any worker could have a claim for breach of contract. Not every employee is working when needed. If the worker includes a contract saying yes the worker might be fired justly for certain reasons (for example carrying out financial malfeasance or gross misconduct), the business may fire the worker just for individuals reasons. Otherwise, the worker could have a claim for breach of employment contract.

When you should Consider Speaking to a Wrongful Termination Lawyer

When the conditions of the firing lay claim to a legitimate thought that it may have been illegal, you might want to talk to a wrongful termination lawyer. An attorney can evaluate the details and assess your situation regardless of whether you have potential legal claims. If that’s the case, an attorney will help you consider what is the best for you to do (contrary) to say your legal rights. For instance, you might like to attempt to negotiate a severance package, have to have a settlement, or file administrative charges or perhaps a suit from the employer. However, you might decide it will work better simply to move ahead. But the only method to know without a doubt how strong your claims are and just what options you’ve got is to speak to an attorney.

It’s particularly important to think about a legitimate consultation if you’re requesting to sign a waiver or discharge of claims, that you quit your right to sue the business. Many companies require employees to sign this kind of agreement like a condition of having severance (or obtaining a better severance package). When you sign a release, it’s tough to undo — even when you later uncover you have valuable legal claims against the organization. Prior to signing, you will want to understand what claims you are quitting and just what they could be worth.

Here are a few situations which should prompt you to definitely you will want legal help:

Claims or actions claim that you had been fired for discriminatory reasons.

You lately revealed that you’ve a protected characteristic (for instance, that you’ve a disability or are pregnant).

You lately filed a issue for discrimination or harassment.

You lately reported other place of work wrongdoing, for example place of work hazards or shoddy accounting practices.

You lately worked out a legitimate right, for example voting or taking Family and Medical Leave.

Your firing altered the census of the place of work (for instance, because you’re the only lady inside your department or even the only manager who is not white-colored).

You’re just shy of vesting or receiving certain benefits, for example vesting investment or collecting retirement money.

You possess an employment contract restricting the employer’s to fire you.

In these situations, your firing might have been illegal — or it might not. A lawyer will help you sift the details, straighten out your claims, and choose what direction to go.

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Things You Shouldn’t Say To Great California Employment Lawyers

things you shouldn't say to employment lawyersYou believe you’ve got a great situation to sue your employer. You have done your proper research and also have found a lawyer you believe is just made for you. You reach out to the best attorneys but they say they are not interested in your case. You attempt another. No go. What went wrong?

It might be you don’t possess the winning situation you believe you do. But it may be something no one wants to tell you. There’s not lots of worker-side employment lawyers available. You will find less with experience. The best employment lawyers are busy. When they are on the look out for good new cases, they aren’t going to wait by the phone for you.

Listed here are some of the absolute worst things to say to help obtain an employment lawyer that will evaluate your case for free, regardless of how good it is:

This situation will be easy for any employment lawyer to take care of: If it’s all too easy, what do you want an attorney for? Can it be the several years of college, 3 years of school, and also the experience they have in employment law? There is no real thing as fast money in employment law. Actually, most employment plaintiffs lose their cases. Your lawyer will need to strive for you personally. When the situation forms in early stages, it’s most likely since the lawyer works hard and since they convinced themselves that you’ve got a good case. Don’t insult the attorney from the moment you meet them.

I will not accept less than millions of dollars: Best of luck. Most employment laws and regulations have caps in your recovery. Further info about California employment law can be viewed here from the cooper firm. Even when there aren’t any caps, only a few cases generate that kind of money. You’ve just told the attorney you will be difficult and impractical when the time comes to speak settlement. Actually, most plaintiffs who refuse funds often do worse at trial than when they had recognized the sale. The attorney really wants to know you’ll pay attention to them when they recommend funds.

They’ll settle to prevent the publicity: Yeah, right. Most likely not. Lots of people think this, also it just is not true. I’ve found sometimes the greater the publicity, the more you can count on their likelihood that they’ll wait it out. While some defendants who won’t settle lose on average a million in losses for his or her errors, additionally they realize that employment cases are tough. Your lawyer will need to convince the lawyer on the other hand that the situation has merit. Plus, your lawyer can’t threaten to visit the press (or even the police) regarding your situation, because that might be extortion.

I have questioned 10 other lawyers: Okay, why did you not bring your lawsuit to court with them? Either your situation is really a rotten poultry case or you are making things more difficult by putting lawyers against one another. If you are discovered as being arrogant, you are able to switch off the attorney as well as their staff. It’s fine to speak to other lawyers, but you don’t have to attempt to pit them against one another. When clients let me know about other lawyers, It’s my job to let them know the other lawyer will be a fine pick. The United States law community is really a small one so we usually know one another.

Another lawyer or law firm I spoke to cited a less expensive cost: Then hire them. When the lawyer you are talking with is costly, it’s most likely because of experience. If you prefer a less costly lawyer, hire them. Don’t insult the lawyer’s rates if you attempt to beg to renegotiate deals.

My last lawyer attempted to market me out: Doubtful. In case your lawyer labored on the contingency or partial contingency, it had been within their welfare to help you get the best offer possible. It’s much more likely you had been impractical concerning the merits of the situation and also the settlement amount your lawyer recommended. Should you be difficult to cope with for just one lawyer, why would another lawyer wish to dominate the situation and take on your case? If you have been through multiple lawyers, it may be you, not them.

Your employees explained whatever shenanigans: I sit right alongside my office manager, who handles incoming calls, and it is funny what prospects attempt to let me know she stated for them when I have heard her side from the conversation. Whether or not they claim she said excitedly the incorrect fee, something incorrect regarding their situation, or other things I understand she did not say, that individual presently has zero credibility beside me. Quit trying to convince the attorney you had been told there wasn’t any fee when there is, a lesser fee than was cited, or whatever you know is not true. Your lawyer must trust you. Should you prove you are a liar before you decide to walk in, chances are they will not want to consider your situation.

I would like a professionally paid lawyer: What you are requesting is free of charge work. You need to most likely speak with Legal Services or Legal Aid. As being a lawyer is not a spare time activity. The majority of us prefer to spend more time with our families than be at work. We practice law to pay for our mortgages along with other bills. You would not ask a physician to get results for free. So why do you anticipate an attorney to? Although some lawyers offer free consultation services, most don’t. Many legal services are carried out on a set amount or hourly rate. Contingency jobs are in which the lawyer requires a number of the recovery. Even on the contingency, you’ll most likely result in any court costs (filing charges, court reporter charges, mediator charges, etc.) If you prefer a lawyer who creates contingency, inquire if they are doing. Just don’t keep these things work with free.

I understand you explained the charge on the telephone, however i simply wanted to speak to you initially: Try that certain scam together with your physician, not your attorney. Should you be cited a charge, do not show up and waste the lawyer’s time if you attempt to speak them into lowering the fee or into being employed for free.