Various Manifestations of Fraud
Posted on 30. May, 2010 by Admin.
The wide scope of what fraud means is covered by its definition as a deceptive measure that is taken intentionally with the purpose of gaining personally or damaging someone else’s reputation and life. The legality of the term ranges from jurisdiction to jurisdiction. Any fraudulent activity is considered to be a criminal undertaking. The most common type of fraudulent activity is regarded as that which involves money. There are, however, other types of fraud that take place in various industries that range from science to art.
Application in Technology
The crime of fraud constitutes a variety of ways through which it can be carried out and these include the mailing system as well as online and telephone networks. With the continuous advancements in computer technology and Internet accessibility, computer fraud continues to gain popularity because it is phenomenally easy to access people’s personal information and navigate through the World Wide Web without ever being caught. Gathering information online has proved to be an easy task for many criminals.
Applications in Individuals and Companies
When individuals or companies are unable to pay off their debts, they can legitimately be declared bankrupt. By petitioning for a bankruptcy declaration, creditors are able to get at least a portion of what is owed to them. It is more common for individuals themselves to declare bankruptcy.
The unlawful claim of government funds is referred to as benefit fraud. Fraud is punishable by law and there is a provision for it in the American legal system. As time goes on, a variety of criminal offenses continue to be added to the growing list of unlawful activities.
Other fraudulent activities include those in which people lie about their living arrangements by alleging that they live by themselves. It is also becoming increasingly common for people to try to gain from non-existent property and false accounts of what they earn.
A number of jurisdictions require people to prove their claims beyond a reasonable doubt before any request for funds can be approved. This means that there must be adequate proof that backs up all the claims for damages.
This article is absolutely not intended for legal advice.
For more information on fraud, visit the Law Offices of Michael Lowe, an experienced Dallas attorney.
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Construction Zone Related Accidents for Big Trucks
Posted on 06. Apr, 2010 by Admin.
As a driver, you know that one of the places you must pay especially close attention on the road is in a construction zone. With lane closures, shifting roadways, and narrower spaces, it can be incredibly dangerous if you do not slow down and handle your vehicle carefully. Now, imagine the dangers that arise when a truck driver does not respect a construction zone. There are any number of potential accidents that can occur in a construction zone – here are some to watch out for.
Truck Laws in a Construction Zone
A truck driver is one of the most highly trained drivers on the road, with the Smith System in place to ensure they understand the exact distance between cars, speed, and rules when they enter a construction zone. Because their actions in a construction zone can be that much more dangerous than those of any other vehicle, they are immediately held liable for any potential accidents that can happen because of their driving.
Laws for trucks are the same as for other drivers, but they are enforced much more strictly, down to the exact letter. Speeds must be followed, proper distancing is vital, and remaining in the lane is absolutely required.
Accident Risks in Construction Zones
The risk of an accident in a construction zone should be low if everyone follows the road carefully, lowering speed to match posted reductions, and staying far from other cars. There may be stop signs, flaggers, or lane shifts as well, which should all be handled with special care. If a truck driver ignores these safety precautions, they can destroy infrastructure or harm workers, as well as other drivers.
Anyone driving through a construction zone will encounter a number of potential risks to themselves and their passengers if a truck driver is being irresponsible. If you find yourself in such a situation, try to create as much distance as possible between you and your fellow driver. Do not put yourself at increased risk of accident. If a truck accident does occur, you should not take this article as legal advice – contact a personal injury lawyer immediately.
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Living Will
Posted on 02. Mar, 2010 by Admin.
- Right to self determination
- Healthcare options
A living will is a legal document which contains specific orders on how medical treatments should be rendered once the person becomes incapacitated or unable to make decisions regarding their health. The patient or “declarant” explicitly expresses what he wishes in terms of life prolonging treatments.
A living will is a written consent which is also referred to as a health care directive, advance directive or a physician’s directive. Living wills are different from Living trusts and deal only with decisions made regarding a terminally ill patient’s treatment. These are very important in making a patient’s own wishes known when they are unable to speak or communicate with their friends or the medical team.
This is in relation to the medically accepted rights of a patient. Every patient according to the law has the right to self determination in terms of his medical treatments. When people are left in a permanent vegetative state and is able to continue living only thru life sustaining equipments like respirators for example, a patient thru a living will is able to express if medical treatments are to be continued.
The living will does not stop medical teams from performing emergency treatments during an accident. Patients who are rushed to emergency treatments still have the right to the full range of medical procedures.
In order to be effected; doctors must first determine if a person is terminally ill and there is no prognosis for recovering from such medical condition. The doctor must prove that the patient is only able to sustain life thru the assistance of medical equipments.
Doctors have the final say in terms of when the patient’s living will is to take effect. The living will does not take effect immediately when a patient is unable to express themselves during treatment. When patients become incapacitated due to an ongoing illness or unable to speak for themselves due to treatment, executing a health care proxy or health care power of attorney is advised. This gives a family member the consent to manage all medical treatments until the patient is able to determine their own health course.
Visit this website to learn more about Probate Law: Public Attorney Adrian Philip Thomas, Ft. Lauderdale, Florida.
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Automobile Insurance
Posted on 02. Mar, 2010 by Admin.
What is an Automobile Insurance?
Automobile insurance is a contract between a policyholder and an insurance company to cover losses that may arise from using or operating an automobile. An automobile insurance is not required but most states require drivers to acquire one. Having an automobile insurance is necessary to help protect yourself and your family from potential lawsuits and financial loss.
Different Types of Automobile Insurance Coverage
A policyholder has the option to choose among a variety of options available when buying an automobile insurance. The types of automobile insurance coverage include:
- Automobile Collision Insurance- covers property damage to your automobile caused by an accident and subject to deductible. This coverage is designed to provide payments for the repair or replacement of the damaged automobile after a car accident. Fault is not an issue.
- Comprehensive Insurance – provides coverage for damages to or loss of a vehicle by an incident that is not caused by a collision accident and is subject to deductible. This may include theft, fire, explosion, hail, wind, or flood. It does not cover any loss or damage due to any mechanical or electrical breakdown, wear and tear or injuries from drunk driving.
- Liability Insurance – covers damage to another person’s car or medical injuries suffered by others as a result of an accident with you. This coverage pays for the medical costs, lost wages, personal injury and property damages to other parties.
- Medical Coverage – this pays for medical expenses of your personal injury directly related to an automobile accident, regardless of who was at fault.
- Personal Injury Protection – this covers the medical costs of the driver, regardless of who was at fault in the accident.
- Rental Reimbursement –this covers the cost of a rented car while your car is still being repaired after an automobile accident.
- Under-insured or Uninsured Motorist – this covers automobile damages and bodily injuries to the insured driver with someone who caused the accident and that someone lacks sufficient coverage or has no coverage at all.
It is important to choose a policy that meets your personal and financial needs, and also choosing a company that will compensate you properly in the event of an accident.
For more information about auto insurance policies, visit the website Ned Kimmelman. Serving clients in South Florida.
Please note that this article is not intended as legal advice.
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Brain Injuries among Boxers
Posted on 27. Feb, 2010 by Admin.
Athletes are prime candidates for developing brain injuries. Sports involving constant head bumping have greater risk. The most common one is boxing. Boxers experience repetitive high energy blows. This causes a slow development of structural changes within the brain stem. The longer the duration of such experience increases the risk of brain injuries. This is why boxers, who have started the sport at a very early age and have fought significantly numerable number of fights, have great chances of developing such injury.
In diagnostic findings of randomly selected boxers, MRI revealed changes in periventricular white matter, undersized cysts in brainstem and cerebrum, subdural hematoma, and atrophy or degeneration of the frontal lobe. Moreover, several contusion and hemorrhage have been found in the MRI of 66 years old retired boxer.
There have been a lot of known boxers who have been victimized by the lethal consequence of the sport itself. Leavander Johnson suffered a traumatic brain injury after defending his lightweight title. He collapsed in the 11th round after receiving heavy beating from Jesus Chavez. He was rushed in the hospital and was operated to relieve the subdural hematoma in his brain. He was induced into a coma, but never woke up. After 16 years in professional boxing. Benjamin Flores died in May of 2009 when he fought for the super bantamweight division against boxer named Seeger. Seeger won the fight in the 8th round while Flores was hospitalized and died five days after the fight. In the same month, a Hungarian boxer named Nagy experienced a brain injury during his training. He was hospitalized with a diagnosis of a swollen brain. He had undergone 2 operations, but eventually succumbed to injuries and died. Probably the most well known death in the world of boxing was the fight of Duk Koo Kim and Ray Mancini in 1982. Mancini knocked Kim out in the 14th round and Kim never regained consciousness.
There are others, lucky enough to retire the sport without overtly seeing untoward manifestations of brain injury. However, there is a great chance that manifestations will begin to be manifest later in life.
For those thinking to enter the sport of boxing, we advise to think twice. You may earn a lot of money, but you may also loose your most important wealth – your health.
If you or a loved one has suffered from an accident resulting in TBI, find out more from Attorney Elan Wurtzel of Personal Injury Law Firm Wurtzel Law here.
This article is not intended as legal advice.
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Substance Abuse and Driving
Posted on 26. Feb, 2010 by Admin.
In today’s world, alcohol and drug testing is a part of life in the trucking industry. An commercially licensed driver (CDL licenses) are subject to testing programs, as are the companies that employ them.
Even so, a study conducted by the insurance Institute for Traffic Safety showed that, for interstate tractor-trailer drivers, 15% tested positive for marijuana, 12% tested positive for non-prescribed stimulants, 5% tested positive for prescription stimulants, 2% tested positive for cocaine but fewer than 1% had alcohol in their systems.
Even so, a driver can still be impaired by alcohol even if they are not legally intoxicated. Even at low blood content levels, alcohol reduces reaction times and will slow the decision making process. In recognition of this, the Federal government prohibits mass transit workers, truck drivers, railroad workers, marine employees and airline pilots from operating a vehicle with a BAC (blood alcohol concentration) at or above 0.02%.
At one time, alcohol abuse and truck driving was a prevalent and severe problem. However, this has decreased with driver intoxication being more effectively controlled by strict monitoring and regulation enforcement by the Department of Transportation.
Recently, statistics have indicated that truck accidents, related to alcohol use, stand at only 1-3%. The greater problem is attributed to driver fatigue which accounts for over 30% of all truck accidents. Driving continuously without proper rest periods would seem to be an area where stricter monitoring and regulation would be required.
Another big problem lies in the fact that most truck drivers feel that “drugged driving” is somehow safer than drunk driving. Of course, marijuana can also affect perception, reaction time and concentration. These effects can last up to 24 hours after smoking, which is a far greater timeframe than the effects of alcohol impairment.
The National Transportation Safety Board issued a report in 1990 which studied 182 truck accident fatalities. Their finding indicated that 12.5% of those accidents were the result of marijuana use.
The New England Journal of Medicine also issued a report which indicated that out of drivers stopped for recklessness on the road (without alcohol in their systems), 45% had marijuana in their systems and 25% had cocaine in their systems.
Please note that this article is for informational purposes only and is not intended as legal advice.
Substance abuse convictions may not deter a driver from continuing to place motorists in danger. If you’re a victim of this type of reckless behavior, don’t hesitate to contact the South Texas truck accident lawyers Todd Elias and Steven J. Gordon in Houston, Texas.
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Probation Violation
Posted on 24. Feb, 2010 by Admin.
Probation originally began as a compassionate effort that would allow minor and first-time offenders to have a second chance. In the early days of probation, the released offenders were not only expected to follow the law, but to behave in a morally acceptable fashion as an example to others. Early probation officers provided leadership in morality issues such as adherence to religious practices, family attributes, employment and the productive use of free time. As a result of this, probationers were even given the opportunity to reduce their sentence by proving themselves worthy of consideration.
Results of Probation Violation
However, for violations of probation terms, the results can be harsh. A probation officer may impose prison on a probation violator and then petition the court to rescind the probation terms, thereby recommending incarceration. An order to show cause hearing will then be requested by the court in which the defendant must prove their innocence. In the event that the defendant is unable to successfully challenge the presumption of guilt, the probation officer can seek the following; additional probation terms to be followed, the duration of the probation to be extended or a period of incarceration to be imposed. There is no universal rule as to the circumstances needed to warrant this action, however, all jurisdictions will recognize failure to report to the parole officer and subsequent violation convictions as sufficient grounds.
Consequences of Probation Violation
If a violation is determined, the severity of the consequences will depend of the facts of the violation, the past violation history of the defendant and the original offense details. An example of this would be if the violation involved association with a known gang member. If the suspect is on probation for driving a car without a valid license, then the offense is not as serious as having been convicted of gang-related activities. However, the reverse can be true if the original offense was related to DUI. The penalties may also be greater is the subsequent offense is a more serious charge (such as a major felony) or if the subsequent offense is identical to the original convicted offense (such an additional charge of battery).
Please note that this article is for informational purposes only and is not intended as legal advice.
Probation violation charges may or may not be justified, but they can have long-term effects. If you’ve been accused of a probation violation, you should contact probation violation lawyer Gary R. Jodat at his office in Sarasota, Florida.
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Tractor Trailer Accidents
Posted on 17. Feb, 2010 by Admin.
In an 18-wheeler accident, the laws of physics will come into play in the form of a 100,000 pound truck attempting to come to an immediate stop. One shouldn’t expect that a vehicle of the size and weight of an 18-wheeler would brake as quickly as a standard-sized car, which is going at the same speed. This increased forward momentum is often the cause of truck accidents.
To give an example of this – a semi truck, carrying a full load and moving at a rate of 55 mph on a dry, flat road will take about the length of a football field before coming to a full stop after braking.
Turning a Tractor Trailer
Tractor trailer trucks will also require wide turns due to vehicle length. Therefore, care must be taken when observing a turn signal on an 18-wheeler. Another major hazard can occur when a tire blows out on a tractor trailer vehicle. The tires on a large truck receive a lot of wear, due to the heavy payloads that the vehicle carries. The pieces of a blown truck tire can act like cannon-fired shells, causing considerable damage.
Fatalities Statistics
In 2003, alone, there were a total number of 58,512 U.S. automotive accidents involving fatalities. Of these, 4,669 were fatal large truck accidents (NCSA).
Statistics show that passenger vehicles are less likely to cause a fatal multi-vehicle accident than a large truck. 68% of these fatal truck accidents occurred in rural areas during daylight hours (66%) and during weekdays (78%).
Alcohol and drugs only accounted for 1% of the fatalities, on the part of the semi truck drivers, while other drivers showed a much higher rate (22% for passenger vehicle drivers and 29% for motorcyclists).
This is in contrast to speeding issues. Here, 27% of large truck drivers, that were involved in fatal accidents, had a least one prior speeding conviction. With passenger vehicle drivers, the rate was 19%.
Please note that this article is for informational purposes only and is not intended as legal advice.
For more on tractor trailer accidents, visit Attorney Kristopher Barber at The Barber Law Firm, located in Dallas, Texas.
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Pre-trip Checks to Avoid Truck Accident Liability
Posted on 30. Oct, 2009 by Admin.
Accidents happen every day on the roads and highways. The deadliest accidents involve trucks. Commercial trucks are the largest vehicles on the roads, about forty times larger than most cars. When accidents happen that involve a truck, investigators will analyze the crash details to determine who is liable. Truck drivers need to have a regular routine they do before every trip to lesson their liability. They need to perform a thorough inspection check of their truck, paying close attention to these four areas.
General Maintenance and Service Check
Truck drivers need to be sure that their trucks are running well before starting a trip. If they work for a trucking company this may mean making sure the truck they are assigned was properly serviced after its last trip. If the driver is independent then they need to take responsibility for seeing that their truck is serviced. This service check should include routine maintenance such as checking the fluids, brakes, and system. It is especially important to make sure brakes are in good working condition.
Visibility Check
Poor visibility is one of the main causes of truck accidents. Drivers need to inspect the reflectors and lights on their truck. They need to ensure that the truck is in compliance with all laws and that it is visible to other drivers, especially at night. They will also want to check their mirrors and windows to make sure they will have good visibility when driving.
Tire Check
Tires can cause truck accidents in several ways. Drivers need to check the condition of all of their tires before each trip. They want to look for worn tires which may break apart on the road at high speeds. They should make sure that any spares they carry are in good condition and ready for use. They also want to check to make sure all tires are properly inflated. Underinflated tires case many trucks accidents, so tires should be checked before each trip and also while on the road.
Load Check
Excessive and unstable loads are the cause for a lot of truck accidents. Drivers need to check their loads before the trip to ensure that they are not too large. If they have an open trailer or bed they will want to securely cover the load to prevent fly offs. They should see that the load is balanced, with the weight evenly distributed. This can help prevent loads from shifting and causing rollovers. They also need to check door latches to be sure they close and lock securely and will not open on the road.
Truck drivers are responsible for their rigs, and so may be liable in the event of an accident. For their own protection drivers need to be diligent about checking their truck thoroughly before each trip. They should keep a log documenting these checks. They need to have their truck routinely serviced by a professional. Most importantly, they need to pay attention to their truck out on the road, and be aware of any changes in performance that could hamper the safe operation of the vehicle.
This article should not be construed as legal advice.
Additional Legal Tools: For more information regarding truck accidents please visit TruckAccidentLaw.org. Serving clients nationwide and in Northern Florida.
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Construction Law and Safety
Posted on 28. Oct, 2009 by Admin.
According to the United States Department of Labor, workers in the construction industry suffer the most fatal work injuries of all industries. In 2007 there were 1,024 occupational fatalities and in 2008 there were 969 occupational fatalities for construction workers. That’s nearly one-fifth of all occupational fatalities.
OSHA
The Occupational Safety and Health Administration (OSHA) has a large number of regulations that pertain specifically to the construction industry. OSHA was created in 1970 as an agency of the Department of Labor and it was enacted by the Occupational Safety and Health Act of 1970. The Occupational Safety and Health Act of 1970 was designed to reduce workplace injuries and to put into effect safety programs for all employees. It states:
- Employers should make all regulations, rules and standards available for their employees
- Employees can remain anonymous and be safe from any action by their employer when they file a complaint against their employer with OSHA
- An OSHA representative will carry out inspections to determine if dangerous conditions exist
OSHA inspectors are permitted to enter any workplace covered by the Act in order to inspect the premises and investigate any safety concerns. Additionally, employers are required to report all fatal work-related accidents to OSHA within 8 hours, and any accidents that result in 3 or more injuries that require hospitalization.
Safety Training Programs
Because most companies that employ construction workers have less than 20 employees, many of them do not have any kind of safety training program in place. A safety training program can help reduce the number of workplace accidents which can protect construction companies from personal injury litigation from injured employees. It can also:
- help to ensure your company is OSHA compliant
- help to ensure your company follows all the regulations of other federal and state agencies
- reduce your Workman’s Compensation costs
- reduce the costs of insurance and lost work due to employee injuries
Seven states now have laws that require construction workers to take the OSHA 10 hour construction safety training course before they can work on some projects, such as publicly funded construction sites or public schools. The 10 hour training course was developed to be a voluntary course to teach workers about the risks of construction work and it’s available from independently trained professionals, OSHA experts, and even can be taken on the internet.
This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about construction law.
Additional Legal Site: The Snyder Law Group. Serving clients in Lakewood Ranch and Sarasota, Florida.
