In a troubling case of mistaken identity, 215 drivers in Brevard County, Florida, were issued speeding tickets for alleged violations in Miami-Dade County school zones—even though many had never driven in Miami. The mistake has sparked community outrage, legal challenges, and a formal response from RedSpeed, the company responsible for the traffic enforcement technology behind the citations.
Showing posts with label Attorney. Show all posts
Showing posts with label Attorney. Show all posts
Different Types of Traffic Lawyers & What They Do
Photo enforcement technology—such as red light cameras and speed enforcement cameras—is now widely used across many cities and states. While it's designed to improve road safety, it has also led to a surge in traffic citations, some of which are issued unfairly. That’s where traffic lawyers come in.
Let’s explore the different types of traffic lawyers and what they do, especially as it relates to photo enforcement cases.
Different Types of Lawyers, Areas of Law, and Their Salaries
If you're considering a career in law or simply curious about the different types of lawyers and how much they earn, you've come to the right place. The legal industry is vast, covering numerous specialties, each with its own earning potential. In this guide, we'll explore the various types of lawyers, the areas of law they practice, and their average salaries.
Public Records Resistance in Iowa
Access to public records is a fundamental right in many parts of the world, essential for transparency and accountability. In Iowa, however, there are increasing concerns about resistance to releasing certain types of public data, especially regarding traffic enforcement records, such as those from speed cameras and red-light cameras. Understanding the challenges surrounding public records in Iowa can help residents, journalists, and advocates push for more transparent practices. This article explores the barriers to public records access in Iowa, why these records are crucial, and how the state compares with others on this issue.
Why Public Records Matter in Iowa
Public records are essential for government transparency, giving the public insight into how taxpayer money is used and providing accountability for government actions. In Iowa, traffic enforcement records—such as data from red-light and speed cameras—can help the public understand enforcement patterns, assess traffic safety programs, and hold institutions accountable for the use of automated traffic cameras.
Access to these records allows Iowans to:
- Verify enforcement accuracy: Errors in traffic citations can be challenged when records are accessible.
- Hold public agencies accountable: Review agencies’ spending on traffic enforcement, especially in areas where automated cameras are in use.
- Evaluate public safety effectiveness: Determine if red-light or speed cameras actually improve road safety or if they disproportionately generate revenue without substantial safety benefits.
Challenges to Public Records Access in Iowa
Despite these benefits, Iowa has seen resistance from some government agencies in releasing public records. Here are some key challenges to accessing this information:
-
Privacy Concerns
- Iowa agencies cite privacy as a primary reason for restricting access to traffic enforcement data. While privacy protection is essential, Iowa’s laws sometimes overly restrict information, leaving residents unable to assess how public resources are used.
-
Cost of Access
- In many cases, obtaining public records can incur high fees, often justified by the need to cover the time and labor required to produce the information. These costs can deter ordinary citizens from accessing data and reduce public scrutiny.
-
Lack of Transparency in Record-Keeping
- Record-keeping practices can sometimes be inconsistent or lack transparency, making it difficult to track down specific information. When agencies aren’t required to provide detailed reports, it leads to inconsistencies in data accessibility.
-
Limited Resources for Records Requests
- Agencies often claim limited resources to handle records requests in a timely manner. This results in delays that can take weeks, months, or even years, effectively rendering some data unusable for time-sensitive investigations or reports.
How Iowa’s Public Records Resistance Compares with Other States
Public records laws vary widely across the United States. Some states have robust systems in place to ensure data accessibility, while others, like Iowa, place significant hurdles before citizens. Here’s how Iowa compares with other states:
- Stricter Regulations: While states like California have relatively accessible public records laws, Iowa has stricter regulations that can hinder transparency, particularly around automated traffic enforcement data.
- Higher Fees for Access: States like Texas offer many public records at minimal costs, making it easy for residents to access data. In Iowa, however, fees can sometimes be prohibitively high.
- Lengthy Processing Times: States with better funding and streamlined procedures, like Washington, allow for quicker processing of public records requests. Iowa's process, however, can take significantly longer, adding frustration for those seeking timely data.
Potential Solutions for Improving Public Records Access in Iowa
-
Revisiting Privacy Laws: Updating laws to maintain a balance between privacy and transparency can ensure that the public gets access to essential information without compromising individual privacy rights.
-
Standardizing Record-Keeping Practices: By implementing standardized record-keeping practices across all agencies, Iowa can reduce discrepancies and improve data consistency, making it easier for residents to locate information.
-
Streamlining the Request Process: Simplifying the request process through online portals and efficient systems can speed up response times and reduce bureaucratic red tape.
-
Reducing Access Fees: Lowering or eliminating fees for public records requests, especially for journalists and researchers, would encourage transparency and public oversight.
-
Implementing a Digital Database: Iowa could establish a centralized digital repository where non-sensitive public records are available on demand, without needing to request them individually.
Why Public Records Matter to Iowa Residents
Ultimately, public records serve the public’s interest by promoting government accountability and transparency. For Iowans, having access to enforcement data can shed light on traffic safety initiatives, guide public opinion on automated enforcement, and influence local and state-level policy decisions.
Conclusion
While Iowa faces challenges in providing transparent access to public records, particularly in traffic enforcement, progress can be made with targeted reforms. Balancing privacy with transparency, reducing fees, and improving response times are all achievable goals that would bring Iowa closer to an open-access model. By addressing these issues, Iowa can ensure its citizens have the information they need to make informed decisions and hold government agencies accountable.
Anaheim Voters Banned Red Light Cameras: What This Means
In a significant move reflecting public sentiment toward traffic enforcement technology, Anaheim voters have decisively voted to ban red light cameras in their city. This decision has sparked discussions about traffic safety, law enforcement practices, and the effectiveness of automated ticketing systems. In this article, we’ll explore the implications of this ban and what it means for residents and visitors in Anaheim.
Understanding the Decision
On [insert specific date, if known], Anaheim residents participated in a referendum that led to the prohibition of red light cameras at intersections throughout the city. This decision was driven by a growing sentiment among voters that red light cameras may not effectively enhance traffic safety, and concerns over the perceived fairness of automated enforcement.
Key Factors Influencing the Ban
-
Public Sentiment: Many residents expressed frustration over red light camera tickets, citing a belief that these systems primarily generate revenue for the city rather than enhance safety. This sentiment resonated with voters, prompting a push for change.
-
Effectiveness of Red Light Cameras: Proponents of the ban argued that studies have produced mixed results regarding the effectiveness of red light cameras in reducing accidents. Critics of the cameras pointed to evidence suggesting that they can lead to rear-end collisions as drivers slam on their brakes to avoid a ticket.
-
Financial Implications: The revenue generated from red light camera fines often contributes to city budgets. However, many voters felt that the financial burden on drivers outweighed any potential safety benefits.
What the Ban Means for Anaheim Residents
Changes to Traffic Enforcement
With the ban on red light cameras, traffic enforcement in Anaheim will return to traditional methods. This means that police officers will be responsible for monitoring traffic violations at intersections, rather than relying on automated systems. Residents can expect increased police presence in some areas to ensure compliance with traffic laws.
Impacts on Traffic Safety
The decision to ban red light cameras raises questions about the future of traffic safety in Anaheim. While some residents welcome the change, others worry about the potential for increased violations at intersections previously monitored by cameras.
Community Engagement
The ban on red light cameras highlights the importance of community engagement in local governance. Residents who feel strongly about traffic safety and enforcement are encouraged to participate in discussions and advocate for measures that align with their views. This can include community meetings, public forums, and outreach to city officials.
Alternatives to Red Light Cameras
As Anaheim transitions away from red light cameras, discussions about alternative measures to enhance traffic safety are likely to take center stage. Potential alternatives include:
-
Increased Police Presence: More frequent traffic patrols can help deter violations and improve compliance with traffic laws.
-
Public Awareness Campaigns: Educating drivers about safe driving practices and the consequences of traffic violations can promote a culture of safety on the roads.
-
Improved Traffic Signal Design: Enhancing traffic signals and signage at intersections can help reduce confusion and improve safety for all road users.
-
Community Traffic Safety Initiatives: Encouraging local organizations to develop traffic safety programs can engage the community and foster safer driving behaviors.
Conclusion
The decision by Anaheim voters to ban red light cameras marks a significant shift in the city’s approach to traffic enforcement. As the community navigates this change, it will be essential to prioritize safety and explore alternative measures to ensure that Anaheim remains a safe place for drivers, pedestrians, and cyclists alike. Engaging in open dialogue and collaboration among residents, local authorities, and traffic safety advocates will play a crucial role in shaping the future of traffic management in Anaheim.
Red Light Cameras About Tax or Safety First?
The primary purpose of red-light cameras is generally focused on safety rather than generating tax revenue. Red-light cameras are typically installed at intersections with a history of red-light violations and a higher risk of accidents. The intention behind their use is to discourage drivers from running red lights, which is a dangerous behavior that can lead to severe accidents and injuries.
The safety benefits associated with red-light cameras include reducing the number of T-bone collisions, improving intersection safety, and deterring red-light violations. Studies have shown that red-light cameras can contribute to a decrease in red-light running incidents and related crashes.
While red-light camera programs may generate revenue from the fines imposed on violators, the emphasis is typically placed on safety rather than using them as a revenue-generating tool. However, it is essential for communities and authorities to implement and maintain red-light camera programs transparently and with clear guidelines to ensure that the primary focus remains on improving road safety.
It's worth noting that the motivation behind red-light camera programs may vary depending on the jurisdiction, and there can be debates and discussions about their effectiveness and fairness. Public opinion and local policies can influence the implementation and operation of red-light camera programs in different regions.
How To Deal With A Road Accident
The Advantages of Having an Attorney Represent You in Injury Settlement Negotiations
When it comes to resolving a vehicle accident claim without utilizing insurance, there are dangers and problems. There are risks and hazards to handling an accident claim (or automobile accident lawsuit) on your own, even after engaging the at-fault driver's insurance carrier.
To begin, let's look at the most typical reason people try to handle their claims on their own: financial worries. Because you're probably going to have a lot of medical expenses as a result of your car accident injuries, it may seem logical to save money by not hiring a lawyer and doing it yourself. However, in many situations, the reverse is true. Despite what you might think, hiring a lawyer is likely to save you money in the long run. This is because a skilled lawyer may frequently increase the value of your claim.
A qualified personal injury attorney can potentially save you tens of thousands of dollars in medical costs by negotiating a far higher settlement offer than you could have received on your own without the help of a private legal firm. While having a larger settlement value for your claim is unquestionably beneficial, it isn't the only benefit of engaging a car accident attorney. An attorney also provides a number of additional benefits.
It is possible to utilize experience to prove a point. You must be able to prove that the other driver was at fault for the accident in order to be eligible for compensation, which can be challenging in multi-vehicle crashes. To assess culpability for injuries, physical evidence, medical records, police reports, traffic regulations, and insurance laws are all used. You can trust your lawyer to sift through dense legal jargon that is difficult for most laypeople to comprehend and use effectively.
Injury expertise is extensive. Because they don't understand how much their injuries are worth or don't anticipate the entire extent of their future costs and losses, car accident victims frequently accept inadequate settlements. An experienced attorney will have handled several cases involving injuries similar to yours and will know what is — and is not — a reasonable and acceptable amount to pay you for your present and future losses. Below are some instances of verdicts and settlements related to various types of injuries.
What is typical compensation for a brain injury in a car accident? $10,000-$20,000,000+
What is typical compensation for a neck injury in a car accident? $15,000-$2,750,000
What is typical compensation for a hand or foot injury in a car accident? $10,000-$2,500,000
What is typical compensation for a spinal cord injury in a car accident? $500,000-$12,000,000
There's also a financial advantage: Many personal injury attorneys work on a contingency fee basis. This means that you will not be charged legal costs until your attorney is successful in obtaining compensation on your behalf. There are no upfront payments to be concerned about.
To undervalue claims and mislead stressed, worried accident victims into accepting agreements that do not truly benefit them, the insurance business utilizes a number of tactics, some of which skirt or fully violate legal bounds (known as bad faith insurance). The claims adjuster is aware of your concerns about medical bills, and regrettably, he or she will most likely try to capitalize on them by offering you a cheap car accident settlement in the hopes that you would take it out of desperation.
A skilled attorney will protect you from being taken advantage of. Your car accident attorney has years or decades of experience, so he or she understands just which facts to stress — and, more importantly, how to back them up with persuasive evidence — to maximize the value of your claim. The size and location of any scars that result from the accident, the extent to which the disability limits your future earning capability, and even the quality of medical care you receive all go into determining the value of your claim.
A skilled personal injury lawyer can potentially save you tens of thousands of dollars in medical bills by negotiating a far greater settlement offer than you could have gotten on your own without the assistance of a private legal company. While having a higher settlement value for your claim is undoubtedly a plus, it isn't the sole advantage of hiring a car accident lawyer. An attorney also brings a few more advantages to the table, such as:
Better litigation preparation. Legal representation is required if you bring a lawsuit. The laws and procedures in civil courts are exceedingly strict and intricate. Your chances of succeeding against aggressive, skilled defense attorneys are little to none, especially given the short amount of time available to prepare.
5 Facts About Red Light Tickets in California
Running a red light in California can result in a fine and demerit points on your driving record. Many areas around California now have red-light cameras in place to catch lawbreakers. When you receive one of these red light camera tickets, it's critical that you answer appropriately and quickly.
Here are five things you should know about California red light camera tickets so you can be prepared if you get one.
The majority of red light cameras are operated by third parties.
Outside companies, not the city, install and operate the bulk of red light camera systems in California. As a result, these businesses are compelled to issue tickets to drivers. Vehicle owners may receive unjustified tickets because they are contractually compelled to achieve a minimum number of recorded offenses.
Sensors cause red light camera tickets to be issued.
When a vehicle passes over a sensor when the light is red in an intersection in Los Angeles and most other cities in California, a red-light ticket is issued. The camera then takes a picture of the vehicle's license plate as well as the driver's. Because the camera flashes will go off as you travel through the intersection, you may see that you've been caught running a red light by a camera. A traffic ticket will be mailed to the vehicle's registered owner. The fine amount, visual proof, a copy of the traffic citation, and information on how to dispute the ticket will all be included with the ticket.
Fines for Red Light Camera Tickets
A driver's fines for traffic offenses in California include a base fine plus a range of fees and surcharges, which can significantly increase the total fine amount. The fines and surcharges vary, but you should expect the base fine to be the common starting point. The base fine for this infraction is $100, but the total increases with additional court costs depending on the county.
The following are the base fines in California for infractions of stoplights and stop signs:
- Running right through a solid or flashing red light will get you $450-$500 for running red lights.
- Making an unlawful right turn at a red light costs $250
- The average fine for rolling through a stop sign is $250 in California.
Points for Red Light Camera Tickets & Other Consequences
Californians should be informed that, in addition to the fines connected with a stoplight and stop sign infractions, each of these will result in one point being added to their driving records. A license suspension can result from accumulating too many points. Fortunately, completing a course at a California traffic school can help you avoid a red light violation.
Drivers should also be aware that, depending on the circumstances of the offense, a red light or stop sign violation could result in a reckless driving conviction. In the worst-case scenario, a driver could be charged with vehicular manslaughter if one of these violations results in the death of another person.
Your Red Light Camera Ticket Might Be Reduced, Dismissed, or Ignored
You should be aware of the following critical red light ticket factors:
Some red-light tickets are issued by mistake, such as when you make a right-hand turn on red without first coming to a complete stop.
You may be able to keep points off your record or seek to have the fine reduced depending on the type of infraction. To find out, contact someone who knows, such as an attorney or an online traffic school.
According to California law, a citation for a red light camera infraction can only be issued if the driver and license plate are clearly visible. If you are not the driver of the vehicle in the red light ticket you can ignore the ticket. Read about snitch tickets.
Not all red light camera tickets require you to take action or come with consequences if you don't pay the fine.
If you receive a red light camera ticket in California, the first line of defense is to get knowledgeable.
Criminal Justice Debate: Are Red Light Cameras Unconstitutional?
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| Constitutionality of Red Light Cameras Being Scrutinized Once Again |
Since the development of automated traffic enforcement questions have been raised by students of criminal justice and others, and lawsuits have been launched to challenge the constitutionality and fairness of these systems. Give us your feedback below.
Just last month, an attorney in Orlando Florida spoke out it court arguing the red-light camera law is unconstitutional. For a long time running, many have felt the system robs individuals ticketed of the constitutional rights to due process and equal protection under the law. It is rumored that several other attorneys with clients that have received a red light camera ticket will also go to court this June to argue their cases. This could be the beginning of a statewide revolt against red light cameras that could certainly turn nationwide if word gets around to enough disgruntled motorists
The constitutionality of red light cameras is a topic of legal debate and can vary depending on the jurisdiction and the specific legal challenges raised against them. It is important to note that I am an AI language model and not a legal expert, so I cannot provide legal advice or a definitive answer on the constitutionality of red light cameras. However, I can offer some general information on the subject.
In the United States, challenges to the constitutionality of red light cameras have been raised on various grounds, including:
Due Process: Critics argue that red light camera tickets violate the due process rights of individuals because they are issued to the registered owner of the vehicle, regardless of who was driving at the time of the violation. Some argue that this may violate the principle of "innocent until proven guilty."
Right to Confront Accusers: Another argument is that red light camera tickets infringe upon the right to confront one's accuser. Since the ticket is typically issued based on photographic evidence without the involvement of a live witness, opponents argue that it denies individuals the opportunity to challenge the evidence against them.
Privacy: Privacy concerns have been raised regarding the use of cameras to monitor and record the activities of individuals in public spaces. Critics argue that the constant surveillance associated with red light cameras may infringe upon a reasonable expectation of privacy.
Court rulings on the constitutionality of red light cameras have varied across jurisdictions. Some courts have upheld the legality of red light cameras, considering them a valid means of enforcing traffic laws and promoting public safety. Other courts have deemed them unconstitutional, citing concerns related to due process, confrontation rights, or privacy.
Damages You Can Claim For After Being Involved In A Car Accident
While recovering from your physical injuries and even emotional distress after being involved in a car accident, one of the most daunting impacts for victims of vehicle collisions is the financial aftermath. Some of your financial considerations in a crash will include diminished value as your vehicle will likely be worth quite a bit less at the time of the accident compared to its original purchase price.
What's more, if you are purchased your vehicle with the help of vehicle finance or a personal loan, you will also have to consider the loan's interest. Recovering your damages from your insurance can be daunting, so to help you best list your costs, we have listed all the things you can legally claim after being involved in a car accident.
Diminished Value
Car insurance is undoubtedly essential, although policyholders almost always find themselves frustrated when in a position to claim from an insurer. Your insurer will likely attempt to settle for a low initial offer in most cases. However, it is vital to understand your policy and how to claim correctly to get the most out of your policy when you need it. A diminished value claim is a separate claim from your car accident claim. It is best to rely on legal representation when claiming from your insurer to solidify your case.
Property Damages
Property damages could be included in your car accident claim if you had any personal belongings in your vehicle that were damaged due to the accident. Property damages can also include property that was damaged as a result of the collision. This type of claim is handled separately from bodily harm claims.
Lost Wages
Suppose the impacts of the accident left you unable to earn an income for some time. In this case, you will be able to claim lost wages as damages that resulted from the car accident. However, you will need to provide valid evidence that you have lost income due to the accident, including a letter from your employer. Lost wages are usually quite straightforward to prove in a car accident claim, granted you have evidence from your employer as well as bank statements to solidify your missing income claim.
Medical Bills
One of the most common claims from victims of car accidents is medical expenses. However, if you have medical insurance that is covering your bills for you, you might not be able to recover medical costs. On the other hand, all you will need to prove this expense is the physical receipts from healthcare practitioners and any treatment recommendations for ongoing bills, and your diagnosis reports.
Emotional Distress
Claiming for emotional distress damages in a car accident claim is significantly more challenging than most other types of relevant damages. However, this is because it can be challenging to prove that emotional turmoil impacts the accident. Although you can claim for pain and suffering with the right medical professionals behind you and the correct legal representation caused the accident. Obtaining diagnoses such as post-traumatic stress disorder, anxiety, and others will be necessary to prove your experience was genuinely damaging to your mental health.
Contacting an insurance lawyer: Everything you need to know
Contacting insurance lawyers can be an intimidating thing to do. Not many people know quite what to expect in meeting an insurance lawyer, what you need to bring, and whether your case is a worthwhile cause. Well in this article, find out just when to contact an insurance lawyer, what you can contact them for, and what to expect from the process.
Should I contact an insurance lawyer?
One
of the most common questions about insurance claims is: Am I
eligible to make one?
This can be a tricky situation but, in most cases, if you have sustained an
injury that was not your fault, either at a workplace or out on the road, you
can make a claim.
Many
insurance lawyers operate within their own specialties ranging from accidents
at work, car crashes, accidents
between pedestrians and automobiles, all of which can be resolved through an insurance
lawyer. You just need to find the right one that suits your needs. Many out
there offer free consultations and can answer many of your initial questions
straight away.
What is the process of an insurance claim?
To
get the most out of your insurance claim and to ensure that it is paid swiftly
and easily, the more information you have the better. It is best to keep a
paper trail and evidence of each of the steps you make so that the claim can be
easily resolved.
One
of the first tasks is to report your accident as soon as you possibly can. The
quicker that you do this, the easier the process is. Whilst most states have a statute of
limitations of up to
two years on most accidents, it is not recommended that you wait that
long.
Documentation
Next,
you should document your losses as thoroughly as possible whether that be
through written lists, photographs, or a written statement about the event.
This way, the insurance company knows exactly what you are claiming for and the
value of the items.
Your
insurance company will likely give you claims forms to be filled out. Again,
use as much detail as possible to ensure that you receive the right amount of
compensation. Speed and accuracy are key again in this process. The quicker you
make your claim, the quicker it will all be sorted.
Offers and Settlement
Finally,
you should receive an offer from the insurance company, usually within the
writing. However, a key tip is to ask how long you need to wait for your offer
and set a deadline for the company. If you receive no response, pester them.
You have the right to your compensation and as such, you can and should push
for it.
Hopefully,
after these steps, you will receive your compensation as soon as
possible.
Unsuccessful claims
Unfortunately,
no guarantee can be made that you win your claim, and it should be noted that
in the event of losing, you are responsible for the legal
fees and repercussions.
However, if you follow the process above and select the correct insurance
lawyer, you should be in with a good chance.
Always remember knowledge is power! So, you should document everything you can to ensure your claim is successful. Contacting lawyers at the best of times can be scary but you have nothing to fear from a good insurance lawyer.
Expert Tips To Prove Your Innocence In A Car Accident Case
Car accidents are a significant problem worldwide and a leading cause of severe personal injury and wrongful death cases. With drunk driving, speeding, and general disregard for the road laws often leading to car accidents, proving your innocence in a road collision can sometimes be challenging. What's more, road collisions caused by fatigued truck drivers are also quite common, and the impacts can be fatal. We have crafted this list of expert tips to help you prove your innocence if you are the victim of a vehicle collision.
Find A Specialised
Lawyer
Suppose you were involved in a collision involving a truck. You will need expert legal representation following truck accident incidents. The same applies if you are the driver of the truck and the accident was caused by another road user. On the other hand, you should opt for a car accident attorney if both vehicles involved were regular cars. With that said, if you are a motorcyclist, you should consult an expert motorcycle accident attorney to handle your case. It is essential to find a lawyer specializing as they will best know the road laws regarding your vehicle and the other vehicle type involved in the collision.
Provide Dashboard Cam
Recordings
Dashboard cameras can be used in all vehicles. However, if you drive a motorcycle, you will need a built-in helmet cam. Providing your lawyer with the recorded footage of the incident is one of the best ways to prove your innocence. The recorded footage will serve as a first-hand perspective of the accident, proving which driver is responsible for the collision. If you don't yet have a dashboard camera, you really should consider investing in one to protect your best interests in the future as a road user. You may also be able to obtain traffic video footage to prove your innocence if you do not have a dashboard cam.
Contact The Authorities
Immediately
Neglecting to contact the authorities at the scene of an accident may seem like the action of the guilty party. Therefore, before reacting to the other driver, your first step should be contacting the authorities such as the local police, emergency services, and your lawyer.
Photograph The Scene
And Don't Move Your Vehicle
Once you have contacted the authorities, you should immediately start photographing the accident scene to provide evidence for your case. Be sure to set your smartphone to date camera images. Taking as many photos of the scene is crucial to providing accurate proof that you are innocent. If the accident is severe, you should not move your vehicle. Unfortunately, this is considered tampering with evidence. Instead, you should wait for authorities to arrive on the scene and inform you that you can safely move your vehicle. Suppose there are any seriously injured individuals in the accident. You should avoid trying to move them out of the car and instead contact paramedics and follow any instructions given while awaiting their arrival.
Proving your innocence in a vehicle collision can be challenging. However, if you have all the correct and accurate evidence, you will be able to claim compensation from an insurer or the guilty party.
How Are Non-Economic Damages Proven?
Every person suffers from a car accident differently. There are two main categories of damages that represent your suffering. There are economic damages, which are pretty easy to measure and prove. For example, medical expenses are economic damages.
Then, there are non-economic damages that are representative of pain and suffering you endure because of your accident and injuries.
These are more challenging to prove, and the following are some of the important things to know about non-economic damages.
The Basics of Non-Economic Damages
Personal injury is a legal term that references injury to not just your body but also your emotions and your mental health. Personal injury awards, as was touched on, can include economic and non-economic damages.
Economic damages are objectively measurable and verifiable.
Non-economic damages are subjective because they aren’t monetary losses.
Non-economic damages can be awarded if someone experienced a loss because of not just a car accident but also inadequate health care. There are limitations and caps on non-economic damages to try and avoid having them become excessive.
Specific examples of non-economic damages might include:
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship
• Disability
• Disfigurement
• Reputational loss
How Are Non-Economic Damages Calculated?
The way in which non-economic damages are calculated and applied depends quite a bit on the state where your accident occurred.
For example, in some states, you can only claim non-economic damages based on provable economic damages.
In these cases, the damages are calculated based on a formula that puts them in proportion to the economic damages with a cap.
There are also federal limits on non-economic damages, in addition to state limits.
The federal law stipulates that non-economic damages have to be reasonable. They can’t be significantly higher compared to what’s awarded for economic damages.
Non-economic damages are often capped at no more than 10 times the economic damages amount.
Valuing Economic vs. Non-Economic Damages
With the above in mind, when it comes to valuing economic damages, it’s the total of your financial losses. Evidence used to value economic losses can include invoices, receipts, and bills as well as different records of medical treatment you received.
You might also be able to receive compensation for the future loss that you could incur because of loss of income or ongoing medical costs.
If you have an attorney and they think they need to account for future losses, they may work with different financial and medical experts.
So how are non-economic damages valued?
There isn’t a standard formula.
Some insurance companies, as well as juries, will use a multiplier.
That means a number, typically between 1.5 and 5, if assigned to a claim. The number assigned is based on different factors, and primarily the severity of injuries.
Then, the total of the financial losses is multiplied by that number to reach a figure for pain and suffering.
There’s also a calculation method based on per diems.
A per diem is the daily amount that someone is awarded for pain and suffering.
It is multiplied by how many days there are between the date of an accident and the date a doctor says the patient is released from care.
While it’s more difficult to show evidence for non-economic damages, there are some things that can be used to determine these damages.
For example, your medical records are important, including your doctor’s notes. You might also show your time off work, and expert testimony can be part of figuring out your non-economic damages.
Additionally, testimony from the people who know you best can be used as evidence.
Do You Need Counseling In Order To Recover Non-Economic Damages?
If you are dealing with the mental and emotional fallout of an accident and your subsequent injuries, you might seek counseling. This is very common. Accidents, particularly when they lead to injuries, can cause symptoms of depression, anxiety, and PTSD. They can lead to phobias.
You may also have trauma because your injuries could change your life.
For those reasons, counseling can be beneficial.
With that being said, you don’t necessarily have to go to counseling to recover non-economic damages, but if you do receive mental health care, it can be evidence you can show as part of the calculation.
Non-economic damages are a bit tricky to figure out unless you’re working with an experienced attorney. If you’ve been in an accident, it’s a good idea to at least have a consultation and they can go over your specific case in detail with you.
Other resources
8 Important Steps to Take After a Car Accident
It’s understandable that after being involved in a car accident, you may feel disoriented and confused—but the decisions and actions you take after an accident are very crucial to help figure out the value of your injury claim. Instead of panicking, take a deep breath and focus on the next necessary steps to be done following a car accident. There are hundreds of thousands of vehicles on the road, so the odds of getting into a collision in your lifetime is frantically high. With more car accidents killing citizens than any other calamity, it is best to be aware and knowledgeable of your legal actions and rights.
Before anything else, you need to remember this: if you get
involved in a car accident, or if you collide with something, even if you think
that there is no damage—always stop your car. This is your legal obligation.
Read on below to find out more about car
accidents and what you should do if you get involved in one:
1.
Check
for your own injuries and the well-being of other passengers.
The very first step to take is to check for your own
injuries. If the accident has resulted in any injuries, seek medical attention
at once. It's important that you don't panic. You should try to stay calm and assess your own condition. Most people who are involved in accidents are not thinking straight after the accident occurs. Being in a state of shock will only make it worse. It will take time to calm down and get proper medical attention.
Before medical assistance comes along, do take the time to assess yourself first thoroughly before helping out the other victims in the accident. Check if you're feeling any pain in your jaw, or if you feel dizzy or disoriented. These symptoms could be signs of internal bleeding or brain damage. If you're in a serious condition, seek medical help as soon as possible. Otherwise, the effects of injuries during a car accident might turn out to be life-threatening.
2.
Check
for other damages
After making sure that everyone—including yourself—is safe
from any injuries or sharp objects, you may also check for other damages in
your car. If you can, you may move your car to the side of the road or highway
if it’s causing major traffic. But generally speaking, it’s best not to move
anything until the police arrive.
Check for broken doors or windows. You never know when someone else may hit you may accidentally trip over a door or window. This can be extremely dangerous, especially if the door or window is completely open and clear. It's possible that no one was directly hurt at the onset of the accident itself. But they can get injured due to the damages on the car that were left to linger.
3.
Make
sure you’re in a safe zone
If you smell leaking gas while you were checking other
damage to your car, get out of the car immediately. Position yourself and your
passengers at a safe distance from the car but don’t leave on the scene of the
car crash just yet—leaving the scene might make it hard for you to file your
claim and could even put you at risk. So, stay in a safe zone, and stay alert
at the same time.
4.
Call
the police
If you’re concerned about safety and you were involved in a car accident that was not your fault then you have several good reasons to call the police immediately after the accident.
Contact the police after you have moved yourself and any
passengers to safety. The police will then file an accident report, which is
essential for attorneys when analyzing a legal case. The report contains vital information about what happened, and documents both parties involved in
the car crash. While waiting for the police to arrive, it is best to not talk
about what happened with the other party entangled in the accident. Don’t talk
about your opinions about what must have happened as it could be risky for your
case. It’s better to talk less and just observe.
5.
Call
for medical attention
While you may initially think that you and your passengers
were not badly injured, still seek medical attention as there are some injuries
that are not felt right away or physically obvious—some symptoms of internal
injuries are only felt a few days after the accident.
6.
Collect
Factual Information
As mentioned above, it is best to talk less and observe
more. This includes collecting factual information about the accident. You
should record the location of the car crash, the time of the accident, and the type,
color, and model of both vehicles involved. You should also collect the
necessary information about the other party such as their complete name, address, contact
information, license number, plate number, and the insurance company. These
facts may be useful for the police’s investigation later on and for your
lawyers.
It’s important to write down the names and addresses of all of your companions, especially those who witnessed the accident. Write down the names and addresses of the officers at the scene, and of any witnesses, you may have. Once your case goes to trial, all this information can help you trace the right people who can possibly help you when you need witness statements and other pertinent details. Your car accident lawyer’s can use the collected evidence to show sufficient proof of everything that transpired at the scene of the accident, all for your benefit.
Other details, such as which directions you and the other
car was traveling, both your driving conditions and recollections of what
happened both before and after the car accident, names of the other passengers,
and names of any witnesses will also be useful for further investigations later
on.
7.
Gather
or Document Photographs
Photographs of the accident are one of the most important
pieces of evidence to gather. You should take pictures of the scene of the car
accident to document the positions of the cars and the damage to your vehicles.
It is also beneficial to document pictures of your cuts, bruises, and any other
injuries.
8.
Seek
Legal Advice
It’s better to call your insurance agent while you are still
at the scene. They will assist you with further instructions to follow in order
for you to process your claim. Avoid giving your own statement to the other
party’s insurance company or even signing documents on your own as it can get
you into trouble. It is best to wait for your attorney and your insurance
company to arrive to help you with the case. They can also help you check several
insurance options when you get into a car accident. No matter what
happens, always seek advice first from the authorized and legal persons before
doing any action.
Conclusion
Car accidents can happen to us anytime as even the most experienced driver can get tangled in an accident when met with a reckless one. The accident may disturb your sense of thinking and bewilder you, but it is best to stay calm and compose then follow the steps mentioned to protect you with your legal rights and avoid unnecessary worries for yourself.
5 Different Outcomes Of A Criminal Trial
It’s almost impossible to predict how a criminal court trial will end. Although crimes are easily categorized, not everyone charged with the same crime will have the same results. Every case is unique and there are a lot of factors that come into play. The facts of the case, the defendant’s criminal history, the attorneys, and the judge assigned to the case could heavily impact the proceedings.
Here are five possible ways a criminal trial may conclude:
1. Prosecution Drops The Charges
In some cases, the case never makes it to trial because the prosecuting attorney decides to officially drop the charges. This could be due to a variety of reasons, such as lack of evidence, inadmissible evidence, the victim or witness refuses to participate in the case, or the victim chose not to push through with the charges.
If this happens, the defendant will not be convicted of the crime. However, the charges will still stand and the defendant will not be cleared of their criminal record. The prosecution may choose to file the case again once they have gathered concrete evidence or secured witnesses. If the defendant wishes to have the charges removed from their record, they will need to petition for expungement.
2. Defendant Pleads Guilty
Under the advice of an attorney, the defendant may plead guilty at the arraignment. This happens when the defense attorney and prosecuting attorney have worked out a mutually beneficial plea bargain. The defendant pleads guilty to the charges in exchange for less severe punishment.
The defendant then appears in front of a judge for the plea bargain to be officially part of the court records. The defendant testifies under oath, confirms pleading guilty to the charges against them, gives verbal confirmation to the judge that they are aware of their charges and the consequences of their plead, and waives their right to a jury trial.
Most of the time, the judge accepts the plea bargain and makes adjustments to the proposed sentence according to the recommendations of both parties.
3. Defendant Receives A Guilty Verdict
If the defendant doesn’t plead guilty, the case goes to trial. Both the prosecution and defense have an opportunity to present statements, evidence, and witnesses before the judge. If the court finds that the defendant is guilty beyond a reasonable doubt, the defendant will receive a sentence.
The defendant will have to attend a sentencing hearing where the judge will give a sentence based on several factors. These include, but are not limited to, the state sentencing guidelines, the nature of the crime, and the defendant’s criminal record. A sentence usually comes in the form of imprisonment, the length of which depends upon the findings of the judge.
In some cases, a defendant gets sentenced to a probation period instead of being sent to jail. This usually happens when the defendant is a first-time offender or when the crime committed is not violent or severe. Probation rules are different for each jurisdiction. For those under the jurisdiction of Florida, The Hardy Law Firm laid out the standard conditions of probation. Moreover, the defendant may be required to pay a monetary fine, perform community service, and/or undergo rehabilitation.
A defendant found guilty of a crime may petition for a retrial and appeal the verdict of the court. Once the defense attorney establishes that there are strong grounds to overturn the verdict, they will go through a series of hearings in an appellate court.
4. Defendant Receives A Not Guilty Verdict
If the court finds the defendant not guilty of the alleged crime, they are immediately released from custody. The defendant is also protected by the ‘double jeopardy’ condition in the United States Constitution, which states that a person cannot be tried twice for the same charge.
In addition, the defendant may file a petition to the court to expunge the criminal charges from their record.
5. Judge Declares A Mistrial
A mistrial is a court trial that has been considered invalid or cannot be completed. Both the prosecution and defense may request for a mistrial if they find any of the following: misconduct by a member of the jury, inability of the jury to reach a verdict, violation of the defendant’s right to fair trial, or other court errors.
When the judge grants a request for a mistrial, the prosecution may drop the charges against the defendant. They may also file the case again as long as it doesn’t violate the double jeopardy rule.
Conclusion
No two criminal trials are guaranteed to have the same results even if the cases are similar. Depending on several factors, a criminal trial might end with the prosecution dropping the charges, the defendant pleading guilty, the defendant receiving either a guilty or not guilty verdict or the judge declaring a mistrial. When involved in a criminal case, it’s best to get the help of professional lawyers who can represent you well in court.
What to do When hit By an Uninsured Driver
Being in a car accident is alarming enough at the best of times, but if you are hit by an uninsured driver, all sorts of issues arise. Are your repairs going to be taken care of? What about any medical bills? Most importantly, can you claim compensation? We'll take a look at what to do and offer some insight into what to do.
Get as Much Info as Possible
One of the first things you should do in an accident is the exchange details with the other party. This is a legal requirement. It is at
this point you will start to get an idea that the other driver may be hiding
something. They might make offers like, 'why not let's settle this between
ourselves', or, ' there's no need to get the insurers involved'. Resist taking
anyone up on such an offer and insist on doing things properly. Take the
details of any witnesses to the incident, this may be critical in the
long-term.
Call the Cops
At this point, a phone call to the police is in order.
If the other party is in any way becoming aggressive, then retreat to the
safety of your vehicle if it is not in a dangerous position or a dangerous
condition. Try to not engage in arguments or fights and let the cops sort out
the fine details.
Take Photos
Take pictures of the incident, including the vehicles,
especially the other driver's license plate, you never know if they might try
to leave the scene. You can also check if there were any speed or safety cameras in the area,
as they may have caught the incident or at least the lead up to it. You can
request the relevant authorities to have the tapes released.
Get Legal Representation
It is important to get legal representation in the
event of being hit by an uninsured driver, as although they will be criminally
liable to charges of driving without insurance. Their prosecution will not help
you in your quest to be compensated or even have your expenses paid. Find a
lawyer with expertise in this area, and we would recommend legal consultation such
as this. Your lawyer will be able to assess the best course of action and know
of ways to ensure that the offending party does not find ways of evading their
liability. Remember, just because they don't have insurance to pay your
compensation, this does not mean they are off the hook. A good lawyer should be
able to conclude if they are in a state to pay you and know how to get it.
Contact Your Insurers
Finally, you must contact your insurance provider. Not only is it a legal requirement to inform them of any accident you have been in, but you may also need to claim from them in a worst-case scenario. Most insurers will at least offer advice on how to proceed, as it will reduce the chance of them paying out if you handle it well.
Red Light Camera Ticket Not Me Driving
If you receive a ticket by post from a red light camera and are not the person driving, you don't need to hire a lawyer to challenge the ticket. There is no legal duty to identify the driver of the vehicle, but attorneys hear these stories all the time. Law enforcement and court personnel are caught every day deceiving the public into revealing who was driving.
According to California law, the driver of the vehicle is responsible for the red light photo ticket, not the owner of the car. However, the red light camera ticket is always mailed to the address of the vehicle owner. Attached to the ticket will be the photo evidence taken at the time of the violation. If the photo is not of you, but another driver, you can contest the ticket.
It is important to know that you are not required by law to identify the person in the photograph. A judge may ask you to do so and you may decline. A good traffic attorney can assist you in giving the correct answers in court. You can also bring this to the attention of a traffic judge without going to court, and there are three basic ways:
1) Trial by written declaration: This should be your very first step when the car has been sold or you were not the driver. Here are some possible ways to defend your red light camera ticket.
2) Ask an attorney to send a letter to the issuing police agency, and the court, enclosing a photo of your license and asking that the ticket be dismissed because the registered owner of the vehicle was clearly not driving at that time. Unless promptly notified that it was dismissed, the next step is to ask for a trial by declaration, which you can do yourself without a lawyer.
3) Hire an attorney who will go to court for you or do your written declaration for you. The judge will be shown the photographic evidence, your own driver’s license photo, and the cost will usually run about around $200-500. The savings in fines and insurance rate increases will often be well worth it.
Most states have a simple way of dealing with traffic matters, using easy-to-fill-out forms in which you state — and please be brief — why you are not guilty of the traffic offense. Experience shows that in most situations, the driver is going to lose the case. But where it is a question of identity — who was driving the car — or a change in ownership, the chances are very good that your ticket will be dismissed.
What Is A Red Light Camera?
Red light cameras are a fixture at many intersections across America, and almost every motorist hates to see the infamous camera flash as they drive down the street. Not all red-light cameras require action on your part and will be punished with a fine for not paying the fine. However, since red light cameras are installed at hardly any intersections, the risk of getting a red light camera is low. Many drivers confuse red light cameras for traffic cameras.
Being informed and aware of red light cameras locations is the first line of defense. However, if you get a ticket and have concrete evidence, you may decide not to pay for the ticket. If you are charged with a red light violation or even a traffic violation, hire a local attorney and find out your rights under the law as soon as possible.
As a driver, it can be helpful to understand the difference between a red light camera and conventional traffic cameras near you. In this article, we will discuss how red-light cameras work and how you can find out if you are being photographed by one of these cameras while driving.
How do red light cameras work? A red light camera is programmed to detect vehicles entering an intersection when they turn red. When someone passes a red light at an intersection, a photo or video of the injury is taken. If the red light camera system documents a violation with two photos, the first photo should be taken to show the vehicle operating the red light, as well as the driver of that vehicle and its passenger.
When a vehicle is running a red light, the camera takes a photo or video of the vehicle and records the date, time, vehicle information. Red light violations can occur when a motorist turns right at a junction without stopping. If you receive a red light violation, a Traffic Safety Division police officer will review the ticket before sending it to your address.
Signs must be erected where automated red-light cameras are used in the city. Putting signs at intersections with red-light cameras does not undermine the purpose of installing the cameras.
Research has shown that red light cameras act as an effective deterrent and reduce the number of dangerous light violations that occur when the traffic light turns red. This automated law enforcement system, also known as a "photo enforcement," exists in the United States, Canada, Australia, New Zealand and many other countries around the world.
Most red light camera programs are designed to improve safety at junctions by reducing the number of red light offenses. When the city of Fayetteville last had a red light camera, the number of serious accidents at the intersection where the camera was installed was reduced, and the effect has spread to red light drivers at other camera-equipped locations - as well as to nearby signaled intersections that are not equipped with red-light cameras.