What Type Of Employment Law Questions Do You Have?

Employment LawHave you ever found yourself in a situation where you have wanted to take a closer look at employment law? Many employees are subjected to learning about at least a few of those matters when they undergo an orientation. However, throughout employment, situations can arise that make you wonder about laws, fair treatment, etc.

What if a worker’s compensation claim issue comes up? What if you find yourself fired, but you don’t know the reason and feel like you have been wronged? Back in Texas, this was supposedly how things were, as I was told multiple times that state law pretty much said you can be fired or terminated without reason or reason being given. That rather stinks, and if that’s the case in your jurisdiction, is there anything that can be done?

You would certainly want to find out. There hasn’t been a time when I have been fired without reason and needed to contest it, but I have been in situations where I’ve had questions. While I’ve never sought out legal advice so far, it could be that you have found reason to do so now. It happens, and it just depends on if you have options and whether your circumstances are serious enough for you to pursue those options.

Business owners also need employment law advice from time to time. In fact, they need it more often in some ways. They also have to keep themselves in check to make sure they are doing everything right for their employees. One bad move can cost them immensely as they have major responsibilities. It’s not like the employees don’t have their responsibilities as well though. Employment law doesn’t have to be that tricky when it is broken down into groups. Then you can select which group applies to your situation. For example, you have a discrimination claim and you hire a lawyer that is experienced in discrimination laws when it comes to the workplace.

The Danger Caused by Distracted Drivers

distracted driverDistracted drivers put the safety of other drivers, passengers, and bystanders at risk. Distracted drivers are as high as 48 times more likely to be involved in an accident than non-distracted drivers. Moreover, recent studies suggest that approximately 420,000 people are injured by distracted drivers every year.

What is Distracted Driving?

Drivers can be said to be distracted whenever they allow their attention to be diverted away from driving. Distracted driving as an activity can be described as anything that takes your attention away from driving when you are behind the wheel.

 

Younger drivers are distracted more easily than older drivers. As such, the largest percentage of distracted drivers is made up of drivers under 20 years of age. Moreover, 10 percent of all drivers under the age of 20 who are involved in auto accidents report being distracted just before the accident occurred.

 

Typical behavior that leads to a driver being distracted include:

distracted driving stats

  • Talking on cell phones
  • Taking selfies or other pictures
  • Texting
  • Eating or drinking
  • Fumbling around with GPS or other devices
  • Engaging with passengers
  • Grooming
  • Reading road maps
  • Watching videos

 

Genuinely safe driving requires 100 percent of the driver’s attention––in other words, it requires 100 percent of a person’s visual, mental and physical attention.

 

Mental distractions slow a driver’s reaction time and cause “inattention blindness,” meaning that the driver will have difficulty noticing important visual information, such as brake lights on the car ahead or a pedestrian crossing the street.

How to Spot Distracted Drivers

Distracted drivers are prone to exhibit the following behavior:

 

  • Drifting in and out of their lane
  • Neglecting to use their turn signals
  • Braking suddenly
  • Failing to maintain an even rate of speed (they often drive slower than the traffic around them)

 

These types of behaviors can lead to crossing the centerline and causing head-on collisions, or even injuring and killing pedestrians and bicycle riders.

Distracted Drivers and Cell Phones

According to the National Highway Traffic Safety Association (NHTSA), 50 percent of all drivers multitask while driving, and 34 percent use their cell phones when driving on a regular basis. In fact, it is estimated that up to 660,000 drivers are on their cell phones at any given moment.

 

This is especially dangerous, since sending or receiving a text message distracts a driver away from the road for an average of 4.6 seconds. At 55 mph, this means that a driver is “driving blind” for 100 yards––the entire length of a football field––with each new text.

 

Furthermore, driving while using a cell phone reduces the amount of brain activity associated with driving by an average of 37 percent! In fact, studies have shown that a driver who is texting is as much impaired as one driving at the legal blood-alcohol limit of .08 percent. This leads many to refer to distracted driving as the “new drunk driving.”

Contact an Experienced Auto Accident Attorney

Distracted drivers cause serious injuries and thousands of dollars in property damage. If you have been injured in an auto accident and a distracted driver was at-fault, Contact an experienced auto accident attorney immediately. Evidence needed to establish fault and win your case must be obtained quickly before it cannot be recovered. This includes cell phone records and eyewitness testimony.

Can The Police Search My Cell Phone?

The Fourth Amendment to the constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

 

In other words, the police need to obtain a warrant before they can legally search your body, home or personal effects. Despite this, the Supreme Court has established several exceptions that allow officers (in certain situations) to conduct a search of a person and his or her personal belongings without first acquiring a warrant.

What About Your Cell Phone?

A recent supreme court case has affirmed that the police DO NOT have the right to search your cell phone, or your cell phone records without first obtaining a warrant or your consent. This includes your text messages, phone calls, photos, or anything else.

 

In the case of Riley v California, the police arrested a person as a result of a traffic violation. They then proceeded to search his cell phone where they found photos linking him to a shooting. On appeal, the supreme court unanimously held that the search of his cell phone was unconstitutional.

 

While the Supreme Court’s ruling in Riley v California is not specific, it implies that the same restriction may apply to a search of your laptop, iPad, digital camera, iPod and other devices as well. However, it may not apply to other personal items such as your bag, pockets and cigarette cases.

 

Cell phone and other devices are treated differently from other personal property that police are allowed to search because they most often contain far more personal information. Searching your phone is considered as big of an invasion of privacy as searching your home. Therefore, if the police want to search your phone, they need to get a warrant first.

 

For example, let’s say you are arrested by the police for some violation and the police search you and find a cell phone. They then open your phone and begin to look through your text messages for other evidence. What can you do? You can ask them if they have a warrant.

 

The Fourth Amendment to the Constitution provides you with protection from any unreasonable search and seizure. In support of the Fourth Amendment, the Supreme Court established the Exclusionary Rule, which prohibits the use any illegally obtained evidence in court.

 

This means that if the police search your phone without a warrant, any evidence they find cannot be used against you in court. Moreover, any additional evidence the police discover as a result of searching your cell phone will be considered tainted and, therefore, may be inadmissible in court.

 

The Fifth Amendment gives you the right to remain silent and to not be forced to give evidence that may incriminate you. Furthermore, you have the right to a criminal defense attorney and should contact one whenever you are questioned by police and before you answer any of their questions or consent to any search.

 

So, if you find yourself being detained by the police who are asking to search your phone, remain calm and politely state, “I do not consent” and then call an attorney as soon as you have the chance.

 

A Brief Overview of Personal Injury Law

injured man on crutchesPersonal injury is an area of civil law that includes a truly broad range of issues. Personal injury is when an individual (or the loved ones and survivors of that individual) has been caused personal, and direct injury as a consequence of the negligent (or ill-meaning) actions of another person. A personal injury lawsuit provides an opportunity for people who have been harmed by others to seek out monetary compensation to help them with the damages that have been inflicted upon them.

Areas of Personal Injury Law

Personal injury law covers a few different scenarios. It’s really important to understand that this is not the same as criminal law. If a person is assaulted physically, the criminal charges (i.e. “one count of assault and battery”) would be addressed in the criminal justice system. But if that assault led to lifelong pain that impeded the victim’s ability to work his or her job, a personal injury lawyer could help pursue compensation for those damages.

Here are some of the most common cases that will be taken on by a personal injury lawyer: Workplace injury / workers’ compensation. If a specialist is harmed at work since he or she was placed in a risky circumstance (unfit working conditions, broken supplies, or unsafe physical environment) that the business ought to or could have kept, the business can be considered responsible for the results.

Medicinal misbehavior

Medicinal misbehavior is the point at which a restorative expert (specialist, attendant, attendants’ right hand, and so on.) acts (or neglects to act) in a way regarded improper by their companions, and thus causes mischief or passing to the patient.

Auto collisions

When someone drives flippantly (by speeding, driving under the influence, distracted / cell phone driving, etc.) and kills or maims an innocent bystander or safe driver, a few months in jail does nothing to help aforementioned victim in their recovery process. Personal injury law is a way to seek compensation for emotional trauma, and to help the victim with expenses related to the accident. This personal injury compensation lawyer is a good example of someone you can trust to help you with your case.

Slip and Fall

slip and fall accidentsWhen a city is responsible for a public area, and when a business owns property that members of the public is invited to enter for the sake of doing business , they are responsible for adequately ensuring these places are safe for the people entering. If a person slips and falls because of unkempt property, that individual may actually be eligible for damages from the party responsible for upkeep. Examples include wet (or dirty) floors in a store, loose carpeting or floorboards in a county or city building, and exceptionally hazardous parking lots.

These are just a few of the situations that a personal injury attorney is trained to handle. If you find yourself in a situation where you have been harmed because of someone’s actions, you may be entitled to financial compensation for your physical, financial, and emotional damages. If the negligence in question has led to the death of a loved one, your family may be able to pursue financial compensation for wrongful death, emotional trauma, and lost financial support from future wages.

What You Need to Know When Being Represented by a Competent Jackson Personal Injury Attorney

car accident in jackson mississippi

Many people cringe at the word ‘lawyer’ or car accident attorney. However, if you are on the receiving end of a personal injury, whether it be a car accident or a slip-and-fall, you may need a lawyer to assist with medical compensation, loss of work and, in some cases, future loss of income. Researching and consulting a Jackson personal injury attorney should be at the top of your list. Most Jackson accident and injury attorneys offer a free consultation.

A car accident attorney will request that you collect any evidence related to the accident, including any documentation that you have to prove someone else was at fault and proof of the damages for which you are requesting compensation. This also includes any medical related bills, or even prescriptions of medication. You should also keep any documentation from any doctor and/or hospital that treated you. If you have photos of the accident scene, eyewitnesses, personal pain and loss journals, proof of lost wages, and proof for every injury related cost, these should be ready to present to your lawyer for the free consultation.

Be certain to follow your doctor’s orders exactly. That means keeping appointments, following instructions, taking the medication prescribed and adhering to the plan of treatment. Be sure to ask the doctor for documentation of the treatment plan and instructions for your records and for your attorney.

Be aware of what you’re posting on social media and go the extra step to make your personal profile private. Anything you put on social media around and after the time of the accident can be used against you in a court case. Insurance companies do check social media as a form of research.

Your Jackson personal injury attorney will also want a journal of your day-to-day life after the injury. That means keeping a detailed log of how you feel, pain levels, personal losses, and how your life and family have suffered because of the injury. The information your lawyer may request differs from case to case, so be sure to consult with him or her to learn what sort of information they wish to have about your daily life.

The most beneficial reason to have a Jackson personal injury attorney during a personal injury or car accident case is to help with the insurance company. Insurance companies, as well as personal defendants, will want to settle. This is where patience pays off, literally. Your lawyer will typically contact you with settlement offers and advise you because ethically, they must; however, do not be quick to jump at the first one. Always allow your lawyer to negotiate. You have the final say through your representation.

There is a chance of any case going to trial if a settlement is not reached; however, most insurance companies do not want it to go any further than you do. You also do not want to try to collect on your own. Companies will often take advantage and call you directly before you can even consult a lawyer. While the pain may test your patience, do not let this get in the way of getting the amount you deserve or need to cover costs.

Tips for Selecting a Lawyer

No matter what reason you have for hiring a lawyer, it’s very important to choose the best one. The most common reasons for hiring an attorney is drafting a will or trust, getting a divorce or selling a real estate property. Today, we will talk about Tips for Selecting a Lawyer which will help you determine if you’re picking the right one.

Tips for Selecting a Lawyer

ONLY DEAL WITH HONEST LAWYERS

Most lawyers provide their initial consultation services free of charge. It is best to take advantage of this opportunity. During the meeting, observe the attorney to determine if he is honest and forthcoming. Most people have the innate ability to figure out a person’s individual character just by spending a few minutes of them. After you’ve interacted and communicated with your potential attorney, it’s best to follow your instincts whether or not you should hire him. Lawyers who can maintain eye contact typically don’t encounter any problems regarding the truth. Keep in mind that there will always be risks and downsides in almost every case. If the lawyer is unusually optimistic and starts giving you false promises, you should immediately look for another one.

WITHIN YOUR PRICE RANGE

Selecting the most appropriate lawyer goes hand in hand with being able to afford his services. During the outset of the initial meeting, it’s best to inquire regarding the costs and expenses. This is to ensure that you wouldn’t be overwhelmed or shocked regarding any hidden fees in the future. It would be completely horrifying to find out that your lawyer charges per hearing or per letter. He might have a certain strategy which would allow him to drag the case out and charge higher fees. In order to avoid facing these circumstances, try to ask for an estimated cost of the case to litigate in written form. Also, always ensure that you have a written contract which indicates the maximum costs related with trying your case. This is the best way to avoid unwanted surprises.

LOOK FOR LAWYERS WITH EXPERIENCE

Although it’s essential to find a lawyer you can trust, having an extensive experience in the area is equally important. For drafting a will, you will be needing an attorney with estate planning experience. In order to properly and accurately draft divorce papers, you will be needing an experienced divorce attorney. For criminal cases, a trial lawyer is the best person to defend you. General practitioners do well when dealing with non-complex matters like basic real estate transactions. However, it’s important to keep in mind that they lack the detailed experience and knowledge in a specific field which could negatively affect your case.

UNDERSTAND THE DIFFERENCE BETWEEN SMALL AND LARGE FIRMS

The advantage of hiring an attorney from a small firm is that you’ll receive prompt and personalized attention. This means that your lawyer will be able to provide you a fairly large amount of time for your case. You will experience the opposite situation in large firms where attorneys often need to juggle between numerous cases. However, large firms also have some advantages. Many opposing attorneys and judges usually respect and fear big reputable firms. They also typically have more resources in terms of manpower and money to craft the perfect strategy for your case. Weighing the pros and cons of small and large firms will greatly help in making your decision.