Ehline Law Blog
Jan 3, 2019
Negligence Per Se - What is It?
Negligence per se is an inference of negligence by a violation of a statute or code. This breach of law creates a rebuttable presumption of negligence in California courts. Some California judges reference this theory of law, as "statutory negligence," but in law schools, it is "per se." What is the Presumption of Negligence in Car Accident Cases? Car accidents don't happen in a vacuum. There are many potential causes of such crashes and how they could occur. It is essential to weigh all of these factors when trying to piece together the whole picture. While independent research and police reports may undoubtedly help, usually the keystone to understanding it all is a skilled attorney. Expert Los Angeles area personal injury attorney, Michael Ehline, explains how certain factors can affect why accidents can happen and how the law deals with them. Strict liability and presumption of negligence are two vital areas of law that must be considered in such cases. Also, a vehicle with bad tires, brakes, and perhaps a faulty clutch, could get into an accident. And when a vehicle owner knows such risks yet does nothing, they can be held liable. What is the Difference Between Strict Liability? Strict liability states that the party responsible for a tort, in this case, a car accident, can be held liable if they were the guilty party. In this case, there is no need to prove malice or negligence. In a presumption of liability, as I wrote last year: "Negligence can be inferred by a violation of a statute or code. This breach of law creates a rebut-able presumption of negligence in California courts. Negligence per se is what this is called. Some California judges reference this theory of law, as "statutory negligence," but in law schools, it is "per se." Where is An Example of a Negligence Per Se Car Accident Claim? A good example to help you understand what negligence per se includes, would be the following hypothetical about a car wreck on a California interstate. The negligent wrongdoer was in contravention of a Vehicle Code Section, or Statute. The transgression was the proximate cause and actual cause of the mental and physical suffering and other damages. Was the victim in a protected class? Was the statute or code created to prevent the type of harm? If so, this is called negligence, per se. Can This Per Se Jury Instruction Create Leverage in Your Potential Suit? Getting victim leverage by creating a presumption of negligence in the eyes of the insurance adjustor and later defense team(s), is always a good thing for a person seeking a monetary payout for bad injuries. There is always a very strong possibility that the at-fault factor is subject to a negligence per se instruction. So this is a legal theory that puts the burden on the accused party to "prove "they were not at fault. This burden can turn the tables by forcing the accused to rebut that the violation of the statute. A defendant can say it had nothing to do with the purpose of the law. But once the bell is rung, this becomes a hard burden to rebut. Does Your Lawyer Even Plead This Theory? While many excellent PI attorneys understand the doctrine, many newbies, or lazy ones don't know how to plead this theory, and some people possibly don't even care. Usually, the party asserting the claim has the burden of proof. So naturally, this can be a useful tool to help a victim gain leverage in an accident case. Perhaps the guy who hit you ran a red light? This violation is negligent, but it is also a statutory violation of the CVC. But you certainly have a stronger case if all the elements remain present. Negligence Per Se is Not Just for Car Accident Cases? But other statutes exist besides the Vehicle Code. There are Building Codes, City Codes, Health and Safety Code, the violations of which could bring this theory into play. Examples include injuries like those from a trip, slip, and fall on a public or private sidewalk. Or it could even be a violation of the California elder abuse statutes against an innocent senior citizen. If the statutes fit the elements, protected person, harm, type of damage and injury caused, that's negligence per se! Many issues are at play here, and all of them require the help of a skilled attorney. Ehline Law's experience assisting in hundreds of cases has rebuilt many lives after auto accidents. Let a lawyer help you know what exactly negligence per se is and why it matters.
Jan 3, 2019
F-Series Recall a Safety Hazard Recall button in red with white letters on a yellow and black background Bloomberg reported on the recall and its potential effects. The recall affects Ford F-150 and Super Duty pickups. Ford shipped out the vehicles with faulty side doors. These doors often don't open or can appear closed without actually latching. Ford claims there have been no injuries yet. However, the recall affects the 2015-2017 model years. Furthermore, the F-Series of trucks is Ford's most popular. Overall, Ford expects a $267 million loss. Besides, the recent recall scandal eats into Ford's profit margin. It also undermines trust in the brand, still damaged from issues from the Great Recession. We wish the American company well. Everyone wants Detroit to succeed. However, pushing out inferior products won't cut it. Overall, the recall affects about 1.1 million pickups in the US. It also affects over 220,000 in Canada and over 20,000 in Mexico. Not the First Major Issue? This isn't the first recall Ford's had over the last several years. Ford was involved in several significant recalls, each of which was a unique challenge to drivers. Ford vehicles also used faulty Takata airbags. These airbags were infamous for causing death and injuries. Some riders even described them as IEDs. Furthermore, Ford's problems are just beginning in the recall. The issue hasn't resulted in reported deaths or injuries yet. However, when and if such an issue happens, the car giant is on the hook for millions in lawsuits and litigation. The company will be under a fine-toothed comb. If you have any questions, please do not hesitate in contacting us. The Ehline Law firm Personal Injury Attorneys, APLC is here to assist with any issues or concerns. Our team has decades of experience in handling such recall and auto safety issues. We are the people's advocates. Allow us to be your shield. Call or email us for more info. We will travel anywhere in the state to discuss your legal options
Jan 3, 2019
Fighting To Force the Coast Guard to Serve Cruise Passengers
Removing Loopholes to Protect Cruise Ship Passengers Protecting cruise liner passengers should be the top priority of all cruise lines. Unfortunately, recent cases show this is not always the case. By advocating for passengers, we are one step closer to a more just system. Michael Ehline lobbies Congress for safe transportation. The Cruise Vessel Security and Safety Act was an essential part of that puzzle. Still, there are substantial concerns about its implementation. All of these are good questions for the public. How the government uses the law is another questions. The Act intended to solve many problems. We still have far more work ahead of us. Our lead attorney, Michael Ehline, tirelessly pursues better regulation. He lobbied in Washington for consumer-friendly revisions to existing laws and statutes. Each one of these raises their issues. We here at Ehline Law have a chance to make a difference. Our team is at the ready for the consumer. Removing Cruise Ship Company Loopholes Some of the major concerns include the fact that medical staff must follow protocols after all medical cases, and not just sexual assault. A "man overboard" warning system needs to go on all cruise ships. Regulations allow a "foreign vessel loophole" for other nations' vessels to skirt our laws. Acoustic sounding devices are a deterrent against terrorism that should be on all new ships. Thus, the Coast Guard has a responsibility in certifying Victim's Advocates for cruise lines. This certification ensures that victims get informed of their rights. Their testimony should also be confidential and allow them to contact law enforcement rather than leaving it in the hands of the cruise line. These are all parts of the picture. The vast majority of Americans blame the cruise industry itself for many of these issues. We understand this issue personally. However, the above concerns are ongoing. It remains unfair that foreign companies worth billions use a loophole to flag a ship to skirt regulations. All of these are unfair to American companies. Thus, it also works against the concerns of anyone on these vessels. It is critical paying attention to how these laws are brought about. Furthermore, we get the worries of these people. Furthermore, it raises concerns about the Coast Guard's enforcement of foreign licensed cruise line companies which do not pay taxes in the United States. Also, we understand that these regulations require changes, especially with a new President at the helm. We'll be one of the cruise ship advocates for smarter, stronger protections.
Jan 3, 2019
Can Small Blows to the Head Can Cause Brain Damage?
Head impacts and a loss of brain function and losing memories as a medical health care symbol of neurology and mental problems with a pencil eraser removing the head anatomy on a grunge old parchment paper. So is it a fact, or is it fiction? Do small blows to the head set the stage for future brain damage? The point is, many people will ignore smaller head blows, especially in sports because they believe it won't affect them as much. Correct, many people's lives do halt when they get a concussion. But some people will just ignore hits to the head by soccer balls or from tackles, let alone amateur boxing, judo, or jiu-jitsu. Thus, it is a reality we parents face in sports. We always have to balance our need to protect our kids. So we balance this along with their need to learn common sense with our guidance still close by. Are there Risks of Going Psychotic after Blows to the Head? Increasing research correlates football injuries to other problems later in life like suicide, or going psychotic. So remember the threat that such head blows could present. Especially this will be the case with small undocumented impacts. Hence, what might seem like several hits to the head throughout a sports career could instead be hundreds. Also, they could lose memories through time. Last, cumulatively, these injuries could cause severe issues for the players. Soccer and Blows to The Head? We've all seen it on TV or have done it ourselves. Often soccer players would hit the ball with their heads in play. These headers might seem harmless but instead, cause brain damage. Particularly relevant here, immediate symptoms may stay dormant. And this remains true even if it happens dozens and dozens of times a year. Recent research cited by the Los Angeles Times reports that a study of soccer players showed a correlation between such actions and problems with memory, vision, focus, and cognition. Also, all of these issues add together to become a major danger for all sports players. Hence, it also poses a risk for people in work conditions that lead to small head blows and sudden movements. Altogether, these could cause severe problems in later life. Most of all, the root causes can remain undiscovered. Proper Medical Care Remains Key? If you or a loved one have suffered from brain damage or related problems such as vision issues and played sports or worked in such an environment, make sure that you have proper care. The assistance of a specialized doctor and attorney can determine the cause. So such problems can be found, and the actions of others could be ruled out or held liable. Also, a heavy hitter lawyer proves the key to success. Hence, a gray-haired jurist with wrinkles can help determine if these health problems have left you physically challenged. Also, these experts can determine reduced workability. A specialized head attorney, such as one from Ehline Law Firm will be surely able to assist you. Thus, even the most complex of legal problems allow resolution. Also, they help you in dealing with and understanding what we know about head injuries. Liability Waivers, Sports, and Kids. An important aspect in cases such as this is whether a waiver was signed. If signed by the parents or supervising adult, a problem arises. And these waivers have been historically upheld by courts. In fact, many have helped stop suits in tort. But in other cases, California courts have found that engaging in a sport where the injury is an inherent factor means you cannot sue! That is why boxers cannot sue each other, for example, if they are sparring, or in a sanctioned fight. Now on the other hand, if a boxer were to bring a Colt 1911 45 ACP pistol to a boxing match, no inherent risk of boxing would call for getting shot. As soon as opponent enters the ring, racks the slide, aims and shoot his opponent there no assumption of risk exists. Gunfire would never be an average, ordinary risk inherent in sports like boxing. In fact, gun wounds at a pistol match couldn't even be a reasonable risk associated with target shooting. However, a ricochet is a risk often associated with shooting steel targets, for example. So this, in some cases renders a lawsuit impractical, unless an exception applies. Last, this later applies based upon a unique set of facts of the case. What About Assumption of the Risk and Sports Brain Injuries? This assumption means that new lawsuits for these types of injuries may face disbarment as a matter of law. Or they can be substantially harder under the Knight v. Jewett line of cases. I am an expert in these types of cases. I believe that many PI lawyers will be hesitant to bring lawsuits for minor head blow type injuries of children who play soccer. At least in California this probably holds true, or unless there is an exception that applies. There would need to be other circumstances present that would render Knight, supra, inapplicable to the case. We know that in cases of football, the League allegedly hid data about the overall effectiveness of the helmets. The old head protection the players wore at the time was less protective than the NFL implied. In this case, it was the cover-up. After all, the Knight test certainly would find that brain injuries are an inherent risk in the sport of football. Of course, some would argue a "foul play" exceeds an inherent risk. Courts have found on more than one occasion that being tackled and hurt remains part of the sport. Of course, flag football and non-contact sports won't carry these same inherent risks. Overwhelming Number of NFL Players with Brain Damage. In one study, 76 out of 79 decedents who were former NFL players had brain damage. So these findings based on the dissection of their brains. Examination of these brains commenced by experts in their prospective fields (Read More Here.) In the soccer case, I find it difficult to see how parents, guardians, school authorities, leagues like AYSO, and soccer moms, in general, couldn't know of a risk. Headbutts, kicks to the head of a fallen player, slaps, pushing, shoving are common. This behavior happens in the sport of child, or adult soccer matches and even during practice. Pitfalls of Delayed Discovery. The fact that parents were unaware of the risk of head injuries would likely work against them. So no excuse exists to let the child's brain damage worsen. When a grown adult discovers the injuries were from soccer years ago, it may be too late. That said, what about cases where children refused to participate in organized sports voluntarily? Also, what about mandatory soccer matches while attending private or public schools? These are all important factors. Most relevant here, we may just have a case, based upon the delayed discovery rule. In other words, we can set aside the statute of limitations and still sue for you. But we would need to flesh out the facts and see where this would take us. For every rule, there is an exception. And a courageous and intelligent lawyer is indispensable. Last, these expert professionals find the limitations. And they enforce the rules in favor of the victims. Citations and Authorities: "Heading and Head Injuries in Soccer" - Kirkendall DT1, Jordan SE, Garrett WE. (US National Library of Medicine National Institutes of Health.) "Brain Trauma Extends to the Soccer Field" - John Branch (New York Times) "Neuroscience for Kids - Soccer" - (University of Washington)
Jan 3, 2019
Texas Bus Crash Kills 13
How Did the Valdez County Crash Occur? Attorney Michael Ehline. The Motorcycle Rider's friend. Tragedy struck a rural area of Texas not far from San Antonio. A pickup truck crashed head-on into a passenger bus in northern Valdez County. So far thirteen people died in this terrible accident. The driver of the pickup survived the wreck. However, the passengers on the 2004 Turtle Top bus were not as fortunate. Only one person aboard that vehicle survived. The passengers were members of the First Baptist Church of New Braunfels Texas on a senior outing trip. ABC News reported on the disaster. The National Highway Transportation Safety Administration sent agents to the scene. As the site unfolds, more and more bad news comes out. Governor Greg Abbott extended their "deepest condolences to the victims and the families of those involved in today's tragic event." He also thanked the first responders treating the accident victims. Unfortunately Not Unique Such an incident is not the first bus crash in recent times. Because of loopholes, buses remain harmful for riders and other drivers. In most cases, bus companies hire the right drivers. However, in some cases, companies hire drivers without a CDL or the right experience. In other cases, companies do not repair their vehicles as required by law. Furthermore, in others, corporations or public agencies will flout regulations. All of these issues result in severe tragedies like the one we see in Texas. In California, the NBC Bay Area station reported on a similar situation. In this case, Caltrans did not use the proper highway markings along Highway 101, according to the NHTSA. This crash killed two people and hurt 13 others in 2016. The driver was largely un-blamed. Additionally, only two of the 21 passengers wore their seatbelts. Keep your attention here for more info. Also, the Ehline Law Firm Personal Injury Attorneys, APLC will cover the unfolding situation and other similar cases.
Jan 3, 2019
New Bike Regulations Introduce Fines for Close By Drivers
Man fallen from his bike Bicycling in California can be sheer pleasure. The high topography and weather year-round have made the Golden State one of the premier biking regions. Bicyclists from across the country come to the state to compete or ride around for fun. With the many bikers from and around the state, there are many actions that the state legislature has done intended to make the roads safer. There were 124 bicycle fatalities on California's roads in 2012 according to the state Office of Traffic Safety. This figure is higher than 2011's value. And in turn, this was higher than in 2010. The increase led to the state doing multiple things to try and protect riders on the road. CVC Section 21760. One of the chief parts of legislation was CVC Section 21760, the Three Feet for Safety Act. The act, which became effective in September 2014 according to the DMV's website, causes drivers to give bicyclists at least three feet distance when passing. When violated, drivers must pay a $35 fine and if a collision is involved, the fee increases to $220. Coupled with administrative fees and local penalties, the real price paid by drivers can be significantly higher. With the high number of cars on the roads, riding a bike must always come with particular cognizance of who or what is on the way. Many parts of the state are extremely bicycle friendly and others, like the Los Angeles area, are not. Because of this, it can be more challenging to ride in traffic. No matter what the case, pay attention remains vital to your surroundings and ensuring your safety. If you have any questions about this law and how it could affect you or about bicycle law, Los Angeles' premier personal injury and bike accident attorney Michael Ehline stands to help. Ehline Law has helped many clients that have had issues with bikes. Our team of experts will be able to assist you and get you back on your feet -- both literally and figuratively. Call or email us today for a free consultation.
Jan 3, 2019
Did You Know the No.3 Cause of Los Angeles Deaths and Injuries are from Car Accidents?
The Los Angeles commercial building where Ehline Law Firm at (213) 596-9642 is located. Leading Cause of Death Motor vehicle accidents with an injury to occupants remain the number three cause of unintentional injury and death in Los Angeles. (Source, California Department of Public Health.) But these seem to be the most well-known injuries because so many people see the vehicle pileups as they drive around. All they were doing is conducting day to day activities in their conveyances and commercial vehicles. In 2013 alone, Los Angeles County reported 54,994 car wrecks. (Read more statistics here.) For example, take a look at the surface streets and freeways like the I-10, or I-405 during rush hour traffic. Any daily driver has seen people pulled over after a low-speed rear hit bumper impact early in the morning, or around 5:00 p.m. Typically people are delayed because motorists slow down to look at the crash scene as the victims exchange license and proof of insurance info. In fact, this choke point can lead to more accidents because drivers are not paying attention to the brake lights in front of them. But it's not just the main highways where this happens. Many more terrible T-bone and left turn wrecks to happen on surface streets near where consumers live and work. Everyone remains inconvenienced by the hazards presented by car crashes in LA. Ehline Law acts as a shield and sword to those injured, thereby helping avoid drama and mistakes in filing a valid insurance claim. So What Exactly Is a Motor Vehicle Anyways? A motor vehicle is any conveyance powered by an engine with an internal, or external power source not human. So it is not a bicycle powered by a human's legs or arms. But it could be a motorcycle because it is powered by gasoline, internal combustion engine, or electrical motor, for example. So what motor vehicles are often involved in LA roadway motoring incidents? Passenger Cars (including commercial taxis, limousines, Uber and Lyft). Motorcycles and Motor Trikes (Including off-road ATV's, quad bikes and other two-wheeled vehicles). Commercial and Light Trucks (including trash trucks, armored cars, UPS, FedEx, and other transportation vehicles). Commercial and Non-Commercial Buses. Segways. Are You the Victim of a Los Angeles Motor Vehicle or Car Accident and Need Help? Passenger cars seem to be involved in a lot of roadside smash-ups. A passenger car is a road motor vehicle, other than a motor cycle, intended for the carriage of passengers and designed to seat no more than nine persons (including the driver). (Source). However, sometimes legal lines get crossed when a vehicle gets used for seemingly commercial purposes. For example, what about Uber, Lyft, and Taxi? So here it is more about how it gets used and not what it is called. A passenger car remains a passenger car. But technically, a 120, or 9 passenger limousine is a passenger vehicle. But sometimes it becomes a passenger car used for commerce. As such, it must carry commercial liability insurance. (Source.) So in case you are hurt by or in a vehicle for hire, the chances remain more magnificent that commercial insurance will cover you. And this is often much more than for a noncommercial car. The same formula is used to determine fault in a passenger vehicle crash under Civil Code Section 1714. Does a duty exist to keep passengers or others safe? If so, was that duty breached and were people damaged as a cause of the breach? If so, contacting a Los Angeles car accident attorney would be beneficial to the victim. A Los Angeles car accident lawyer will be able to investigate the accident scene, order police reports. And after that, you must prepare a settlement demand package to the liability insurance adjuster. This package is vital to building a substantial personal injury motor vehicle accident claim. If no agreement gets reached, the case should to trial and more mediation. What Makes Los Angeles So Car Accident Prone? In Southern California, we see all manner of cars and even custom bikes. We see sports cars, limousines, luxury sedans and everything in between. With L.A.'s distances and traffic, we have evolved a car culture unique to specific area codes and zip. For example, in the 818 or 213 area codes, cruising is a happening thing for blue-collar types. Take Huntington Park, for instance. Have you ever driven the main street when there was an L.A. Laker's win? The scene is reminiscent of the L.A. Riots. All manner of cars with Dubs and custom features are rolling. An outsider risks crashing just out of sheer terror when traveling here. Then when we go to the 714 and 949 area codes, we see the white collar types driving sports cars and sports sedans rolling along and crashing. The common denominator is that sometimes drivers become drunk or distracted — millions of small cars ingress and egress along the many thoroughfares, highways, and freeways of Los Angeles proper. In fact, these are some of the most crowded streets in the world. Poorly maintained roads, road-ragers, and other factors only add to the problems. In 2014, the California Office of Traffic Safety counted 37,546 injury and death collisions in Los Angeles County. Also, 3,409 of these wrecks were alcohol-related. Will You Always Know You Are Injured After a Crash? Being dazed and confused is part and parcel of a newly motorized vehicle accident. Adrenaline, fear, and shock all tend to mask pain. So you may not even know you are hurt. The time right after a surface street or even a parking lot crash is one of the most critical moments for protecting yourself. And it's crucial to preserving your ability to get compensated down the road. There is never a better time to collect evidence about how the accident happened then right after the crash. Is Making a Record Important After a Crash? Yes. Making a record and collecting evidence is key to winning a car accident case. Below are some ways you can help your lawyer protect the case. We suggest the following: Make a Digital Record. Ask for permission from percipient witnesses to use your iPhone to videotape them. Have them narrate what happened, and identify who they are. Even though the car may look like a crate, take pictures of license plates and vehicle damage. Take Written Statements From Each Witness. Just the facts. Time of day, date, place, location, directions of travel. And get a narrative of how the accident happened. Don’t rely on the CHP or local police to interview everyone. Even if they do, it could be absent in the Traffic Collision Report. Gather Witness Names, Addresses, and Phone Numbers. Be nice. Don’t spook potential witnesses. For example, what if witnesses are illegal aliens? They may be scared to speak in a court setting in the future. But qualified lawyers can explain there is nothing to fear. And always try and get phone numbers too. Focus on contact info for their place of employment. And get their cell phone number. You need this info. Document the Defendant’s Driver’s License and Insurance Numbers. By law, the parties in a motoring accident must exchange info. Make sure you verify proof of valid auto insurance with your own eyes. Refuse to rely on the defendant to pen the info. Of course, the other driver may be scared and shaking too. Maybe thinking straight was impossible. And take a picture of these items with your phone camera? Be smart. Call the Police. If injuries and vehicle damage happened, get a copy of the police report. (Source.) Here is a partial list of parties who may have to compensate you for an accident. Companies and Government Agencies. Both private and public organizations can be liable for a car accident. For example, when the employee causes a crash while acting within the ordinary scope of business, the employer bears some liability under the legal theory of vicarious liability. But if the employee was off the clock, or exceeding the range of their job description, employers can wiggle out of the case. Of course, government employees and agencies can cause a wreck by failing to maintain or repair roads, for example. So the City and County of Los Angeles could be liable, along with the private contractors they hire. Traffic signal phasing problems have been known to result in massive casualties. But failing to place a light or stop sign in an area known to have substantially changed is also a basis for legal liability. Unfortunately, many lawyers don't even know the various statutes of limitations in cases against the state, local or federal government. Vehicle Makers. Automobile manufacturers regularly recall defective vehicles for some latent defect. Often it is learned that a design error has led to a partial or complete failure of a safety system, such as an airbag. But bad or brittle fuel hoses have been known to start vehicle fires. Sometimes seatbelts fail and need to be retrofitted. These are just some of the more common defects faced by commuters. If such a mistake was the cause of occupant's injuries, the passengers could sue all those in the chain of commerce. In other words, the dealership, car factory, and anyone else involved in the construction or sale of the car remain potential defendants. What are Some Insurance Coverage Problems in Car Accident Cases? Whether a slip and fall, car collision, or some other mishap, many victims think they can turn their problems over to their insurer and wash their hands of building their case. Defendants assume they will be protected. Plaintiffs may even think their insurer will have their best interests at heart. But we have all seen property damage claims handled shabbily by adjusters. We have seen crummy aftermarket parts installed on exotic vehicles, and worse. Besides that, the personal injury claims are almost always undervalued by both Defendant and Plaintiff's insurance alike. Sometimes UM and UIM won't cover everything. In any event, only a personal injury lawyer will be able to evaluate the case honestly. For example, sometimes no insurance exists at all. Only the most qualified Los Angeles car lawyers understand the nuances of these complex cases. Contact one now at (213) 596-9642.
Jan 3, 2019
How to Become a Lawyer With No Law Degree
Yes, you can do it because I did it. And no, you don't need law school or a college degree to become a lawyer in several states, including California. I have first-hand knowledge of this fact. I know this because I am one of approximately 64 people in the State of California to have passed both. For instance, right, I passed the Baby Bar Exam and General Bar Exam before obtaining any higher degree. You heard right! (Hear the podcast now.) I now have a successful injury law firm and am an expert on the subject of how to become a lawyer with no college or law school in California. After that, many major media outlets interviewed me. And I am passing this below information to assist people just like you to make the world a better place. The only formal education I had before I began the California State Bar Law Office Study Program, was some foreign language classes, a stint in the United States Marines, and some useless typing lessons at a community college. One cool thing about this program is that you don't need to waste tons of money when you study using the time-tested method of mentoring in a judge's chambers or law office. You will Already Know Everything the Practicing Lawyers Know By Study in a Law Office? Yes, you should! I became an experienced civil litigator by reading the law. The basics are: Take the CLEP, or "College Level Equivalency Program" test. After one year of consistent study, pass California's First Year Law Student's Examination. And this is also known as the Baby Bar "FYSLX. " Once I passed the Baby Bar, I sat for the California Bar Examination 36 months or so later. But this was only after dedicated training under several skilled attorneys in various types of practices. How to Become a Lawyer With No Law School? You can also become an attorney in CA and a few other enlightened North American states using this method. Of course, the naysayers, especially law school grads, claim you only must attend law school and college to be a successful lawyer. Let us dis-spell this thought. We understand that the ABA accredits law schools. At the time of this writing, the ABA discouraged candidates from becoming a lawyer without law school. This fact remains true. Sadly, this remains the case even though this was the only way to become an attorney until the creation of expensive schools later on in U.S. history. The States that Still Follow Historical Methodology: As far as I know, 7 U.S. states will still let you read the law in a law office with no law school degree: (Source): Vermont; Virginia; Washington; Wyoming; California; Maine; New York; California's program is known as the California State Bar Law Office Study Program. "Applicants who obtain legal education by . . . law office study must have four years of law study and take an examination after their first year. Applicants who pass the examination within three consecutive administrations of first becoming eligible to take it will receive credit for all law study completed to the date of the examination passed." But "Applicants may have completed 2/3 of graduation requirements from an ABA-accredited law school and within 12 months after successful completion pursued the study of law in the law office of an attorney in the active practice of law in Maine on a full-time basis for at least one year . . ." New York: "Law office study permitted after successful completion of one year at an ABA-approved law school." (See also) Vermont: "Four-year law office study program; must have completed three-fourths of work accepted for a bachelor's degree in a college approved by the Court before commencing the study of law." Wyoming: "Law office study permitted as a structured course comparable to 2 years at an ABA-approved law school Prior approval of independent study required." No special requirements are needed to become an attorney without law school in Virginia or Washington as far as I could determine. All of the above information came from the "Comprehensive Guide to Bar Admission Requirements 2004." And this document was published by the National Conference of Bar Examiners and American Bar Association Section of Legal Education and Admissions to the Bar. Famous American Lawyers, presidents and Supreme Court justices who became attorneys without school. Lincoln Law School Method 101? Most of all, reading for the law is the way President Abraham Lincoln and other Supreme Court justices were able to become lawyers in the past, as well as me. Those high powered men learned by doing it in a law office as law clerks and apprentices. Historically, lawyers themselves read from Blackstone's Commentaries on the Laws of England to learn the law. And students studied while clerking for a lawyer or judge. After that, the candidate received an oral examination by state supreme court judges. (Source.) The Bar Exam came along hundreds of years later. Here is a list of famous men who did it the old way. Patrick Henry (1736-1799), member of the Continental Congress, governor of Virginia; John Jay (1745-1829), first chief justice of the Supreme Court; John Marshall (1755-1835), chief justice of the Supreme Court; William Wirt (1772-1834), attorney general; Roger B. Taney (1777-1864), secretary of the treasury, chief justice of the Supreme Court; Daniel Webster (1782-1852), secretary of state; Salmon P. Chase (1808-1873), senator, Chief Justice of the U.S. Supreme Court; Abraham Lincoln (1809-1865), president; Stephen Douglas (1813-1861), representative, a senator from Illinois; Clarence Darrow (1857-1938), a defense attorney in Scopes trial of 1925. [Clarence Darrow went to law school for one year and preferred to study law on his own. He received most of his legal education in a law office in Youngstown, Ohio; Robert Storey (b. 1893), president of the American Bar Association (1952-1953); J. Strom Thurmond (b. 1902), senator, governor of South Carolina; James O. Eastland (b. 1904), Senator from Mississippi Wallechinsky, David, "The Book of Lists," 1977 (Web Source) Importance of the Bar Exam Itself - ABA Resistance to Law Office Study. Also, I feel that the Bar Exam is a helpful way to measure acceptability to the Courts via the California State Bar. But I disagree that people should not be allowed to take the Bar without law school. People in other states should be able to take and pass the Bar Exam without college or law school if they remain otherwise qualified. Also, the less fortunate, who would otherwise be excellent attorneys, should be able to practice law. Above all, I am fearful the California State Bar, and other out of State Bars will eliminate this valuable program. And I think due in large part it comes from pressure from government officials to standardize the study of law in their bureaucratic image. But for now, there is another path to success other than law school. Law Office Study in California - Requirements? First of all, the Bar Candidate must first have the equivalent of an AA degree. Plus, the Bar Candidate will need to score high on the CLEP if no college. (College Level Equivalency Program). [This is what I did] Next, the Bar Candidate must take and pass the First-Year Law Students Exam (FYLSX) (aka "Baby Bar Exam") within the first three (3) attempts. However, in that case, he or she will only receive credit for law office study for the first year and not for the study when retaking the Baby Bar the previous three (3) attempts. First, the Bar Candidate must study law under a judge or lawyer for four (4) years, being tested once per month by a supervising judge or attorney. Next, the Bar Candidate must take and pass the California State Bar General Bar Exam. The Bar Candidate should know enough practice and procedure to go into practice without having to work in a sweatshop defense firm or something. Because of this training, he or she will know as much about the area of practice he or she studied under as a seasoned four (4) year attorney. Tips to Law Study: In conclusion, study law under a lawyer who practices in the field of law that you want to practice. So that way, you will always have work when you finally pass and get sworn. In any event, this knowledge equals freedom! Most of all, Paul Pfau, the Legal-Guru Tutor (CBTR), is an excellent source. So contact Paul Pfau at Cal Bar Tutorial Review and learn how to write for the Bar Exam. Paul Pfau is the law guru. Consequently, he is the master who taught me how to pass the most challenging bar exam in the nation. Most importantly, please bookmark this page so you can use it is a resource in the future.
Jan 3, 2019
Pregnancy and Car Accidents
Happy smiling pregnant driver woman is standing by a car near the road with green grass, summertime Keeping Care While Pregnant and Driving. Car accidents can be dangerous for anyone, and they are significantly more dangerous for pregnant women and the unborn child. For this reason, when a woman who is pregnant is involved in a car collision, they should immediately seek a medical examination for their health and the health of the unborn fetus. One of the things that any woman who is pregnant should carry is a list of any particular medications. So anything she is taking, and a list of important phone numbers is an excellent idea. I would include the primary care physician, hospital, Obstetrician/Gynecologist, midwife, and other emergency contacts in the event there is an emergency. After being involved in an automobile crash, it is not uncommon to have bumps, external bleeding, and bruises. Also, you may back pain and even concussions due to the jolt of the impact. When a pregnant woman is involved in a traffic collision, the result can place risk on the unborn child. So the unborn can be jolted about inside the amniotic fluid. Injuries to the fetus may go undetected if the mother believes she was not harmed during the impact. So if she experiences no symptoms from the unborn infant, she may think she is ok. Any injuries to the unborn child may not be immediately apparent. And the mother should seek immediate medical treatment. Also, some harm may take days or weeks to begin to become evident in some cases. Pregnancy Protection in Crashes. But the fetus has some protection in the womb. This fact remains true even in the event of a traumatic impact, such as a car collision. One of the compelling reasons for the mother to seek an immediate medical examination is to ensure the placenta has not separated from the womb due to the distressing event. Separation of the placenta is medically referred to as placental abruption. And this can be a health threat to an unborn infant. Plus, the auto crash can cause the expectant mother to hemorrhage, have a miscarriage, or go into premature labor. One unfortunate fact for women in this situation is that X-rays are almost always out of the question. While X-rays are not likely to harm an unborn infant, especially during the later stages of pregnancy, most healthcare providers will not take the risk. And they will usually refuse to prescribe one altogether. Naturally, this can create a high degree of uncertainty for an expectant mother as far as her injuries are concerned. However, the medical examination for an expectant mother after a motor vehicle crash will usually include an ultrasound. And it will also cover the treatment of other injuries that are detectable without radiation. Why Must Mothers In Accidents Take Caution? The mother will be warned to monitor any changes she experiences within the following days. The pregnant woman will be instructed to immediately contact her physician if she experiences abdominal pain, a decrease in movement by the fetus, vaginal bleeding, the leaking of amniotic fluid, or contractions. The expectant mother should contact a personal injury attorney as soon as possible. The legal professional will be able to preserve evidence when negligence played a role in the car crash. The legal advocate can assist the expectant mother of a car collision in the legal aspects of an injury claim, even if the injuries are still uncertain. The pregnant woman, if not seriously harmed in a motor vehicle accident, should make every effort to obtain the name, contact information, and insurance information of the parties involved in the mishap. She should also collect the name and contact information of witnesses. She must ask anyone stopping to help after the crash. This information will be relevant when filing a claim. Also, she needs to use a smartphone and take pictures. So take snaps of the accident scene, vehicle damages, and physical harm. All of this can be beneficial later on. The attorney representing the expectant mother may review any photographic or video evidence from traffic and nearby business cameras. Such proof can strengthen the proof of the case when negotiating a settlement or litigate claims in court. Why Must Mothers Be Cautious While Driving? Driving cautiously is important for all drivers. Especially this is the case when pregnant women help in avoiding collisions. The other thing the expectant mother can do is to sit as far from the airbags as is comfortable as a driver or passenger. Car accidents can happen in a split second. And these can result in serious physical harm. So being pregnant means, it can be harmful not only to the mother but the unborn baby as well.
Jan 3, 2019
Getting Paid for a Truck Injury In Long Beach
Will this be self-driving soon? The Inherent Motoring Risks of Traveling Through Long Beach. Long Beach has a storied history of trucking accidents. Knowing the inherent risks with visiting, working, or residing here remains necessary. So this helps in your deciding the best strategy and tactics for negotiating the geography. One exceptional case in the news, a poorly strapped down trailer load in this beach community. But this led to a cargo spill at freeway speeds. This sad case resulted in mass fatalities. Another instance, the wake of destruction, an overloaded, poorly maintained truck wrought. In that case, the behemoth lost its brakes and steering control. So knowing the pitfalls, means mitigating or eliminating them. First of all, this town is a magnet for all types of travelers. Hence, it is also world-famous as an international shipping and receiving center. Because of this, it imports and exporting large, movable goods and products. Thus, big rigs abound. The Attractions Cause Distractions? Most of all, Long Beach and San Pedro are also both historical U.S. Navy towns. Hence, there are famous military landmarks everywhere. So this means that retired, elderly vets like to visit here before they pass away. For the youngsters, Eastern Long Beach became known for other reasons. For example, it is the home of the famous rapper, Snoop Dog, and other big acts. So tourists with different levels of driving experience are commuting and meandering. There are folks everywhere in just about every crack and crevice of this giant. So travelers with various levels of driving experience are commuting and meandering. There are folks everywhere in just about every crack and crevice. Most of all, this is is a giant, beachside metropolis. Some things that stand out quite glaringly about this city are the Port of Long Beach. Check out the Battleship Iowa. You can't help see landmarks and tractor-trailers parked side by side at the dockyards. So you see it as soon as you merge on the Gerald Desmond Bridge. Check out this live streaming video of the bridge here to see the clutter and activity for yourself. What do all these attractions and distractions mean to the ordinary passenger car commuter? Simple, there's an inordinate number of 18 wheelers bottle-necked together. Trucks crowd on the freeways and roads. Also, they usually stick with smaller, lighter passenger vehicles and two-wheeled motorcycles. These lumbering transport machines are also simultaneously ingressing and egressing. Activity abounds throughout this port of call along tourist routes. Also, there are extra vehicles sharing roads with commuter buses and electric trains. A lot is going on here all at once. Of particular interest, shipping containers abound the docks. So naturally, union workers, truckers, military, and DHS vessels are a seaside presence. Also, there's beautiful beaches, the Queen Mary and Scorpion Submarine. For kids, there is the Aquatic Marina. Last, these are all the main tourist attractions (Read More.) Thus, a lot is going on here. When combined with commercial shipping, accidents are unavoidable. Due to speeds and vehicle sizes, sometimes they are fatal. Shipper Cutting Corners to Stay In Business? So truckers, the regular seaside workers and pleasure seekers, all take the same freeways. Many use expressways like the 710 Freeway, for example. The higher costs of commercial trucking regulations, fuel, maintenance, and repairs are painful. So this means that shippers then get caught cutting corners. Thus, they may be cooking the books and logs to feed their families. Proud truckers want to stay off of unemployment insurance and out of bread lines. It's no surprise that lack of enforcement of safety regulations is also a reason for truck crashes. But knowing this information beforehand will help protect you in many ways. In particular, it could save your life when faced with this type of detriment while on the road. So the main takeaway from all of this is that one must be extra vigilant when in this city. Holding the Liable Parties Responsible Holding the guilty party(ies) responsible is often more possible when you hire a lawyer. Hence, experience and dedication to justice hold the at-fault party accountable. Also, it relieves some of the stress and anxiety attendants to those suffering without compensation. The first of the ways a competent lawyer can help is to stand in your shoes. A skilled attorney can also file the liability claim in a timely fashion. This first step will allow the injured accident victim to seek compensation. And this is for the expenses that they are facing. Thus, they work to obtain money for things like medical bills. Hence, they work quickly to earn money for pain and suffering, loss of wages and other costs. These are what they get due to the injuries sustained. These are things the plaintiff can seek when negligence had played a role. Injuries and Compensation in Trucking Accidents When you have gotten injured, many parties can be potential defendants. Thus, drivers, shipping companies, and the city may have caused or contributed to the incident. So the ill effects of congestion, noise, and pollution, pale to negligence. A driver or company being careless and crashing their vehicle. Examples would be aggressive truckers tailgating. The other thing that happens is another tractor drifts and save fuel costs. Another case in point is a trucker on drugs or alcohol who falls asleep or road rages. Also, it can become worse, depending on if the drugs were uppers or downers. Whatever the bad behavior, this can be considered negligence. In some cases, even intentional conduct. So right after a sad incident is when it is important to speak with a lawyer. You need to understand about filing a claim for compensation. You cannot sleep on your rights. Justice delayed, equals justice denied. Claiming a government entity could be time-barred. You need to identify quickly if a road defect, substantially changed condition, or pitfall. Hence, you need to know if others caused or contributed to the injuries. Last, only a great lawyer knows the precise steps to take. Lawyer Shopping? Have Documentation Ready So keep in mind when you approach a firm with information, what you tell them is always confidential. They are under an ethical duty to keep everything you discussed with them and showed them private. When speaking with the potential legal counsel, it is crucial to have any documentation. adjustors includes things such as the police, Traffic Collision Report. Last, this particular report is official documentation about the events of the accident. So it can often include witness statements about the wreck. It is not unusual for insurers to attempt to avoid the guilt of negligence. Also, these companies are often very sneaky when it comes to covering up evidence. So they are experts at shifting blame back on to the victim. Documentation can help take away any leverage from the insurance company and their attorneys. Hence, it is critical to making a report after a truck accident. Passenger Car versus Truck When collisions occur between passenger vehicles and tractor-trailers, small cars don't stand a chance. These are the ones most at risk of getting damaged. Animal transporters and long-haul rigs are just large vehicles. Almost always, the injuries can be far-reaching. As noted above, these injuries can be life-threatening or even result in death. When mishaps occur resulting in death with proof of negligence, its a "wrongful death." The injured victim of a negligent truck accident's entitled to compensation. So too is the family of someone that suffered a wrongful death is also entitled to compensation. Filing Your Long Beach Truck Accident Claim? Filing your negligence, or liability insurance type claim after a crash is critical. But doing it right means that you need to have a real truck accident attorney. Also, you need one that is a part of the Long Beach community. These attorneys know both the local and state laws. These are the rules attendant with mastering a successful recovery for a bad off client. So these legal pros will know how to handle your case with your best interest in mind. Also, when a claim gets made that involves insurance companies, adjustor's will play games. This can result in the victim making many trips back and forth to court. But the result is a drawn-out legal battle. One of the newer tactics is to allege the truckers are actually "independent contractors." So even though they are employees of the shipping company, the argument gets used. These tactics are what defendants rely upon to shield assets of shippers, skirting safety regulations. Some Factors Making the Trucker a Plaintiff The trucker himself may be the victim of toxic chemical exposure. Sometimes it could be a crushed foot from a broken tail lift or other dangerous work conditions. Other times, wage and hour violations are the issue. Getting burned is a serious risk. Also, 6.5% of truck crashes result in open flames. (View Source.) Of course, it is the driver of the vehicle who is usually consumed or badly burned in these incidents. Moreover, it is not always the other vehicles in the chain. Cross-Claims Sometimes the truckers themselves may join in your case as co-plaintiffs or cross-defendants. They may be suing their bosses for denied retirement benefits. Bus it could be a claim based on access to health care, and workman's compensation. These cases can quickly become very complicated. Hence, no way should be untrained victims, or scorned truck drivers take this on alone. Getting a firm with the local presence and experience increases the chances of settling out of court. Hence, they will seek the maximum amount of compensation possible. But this is on behalf of injured victims against the negligent driver. Meaning, lawyer required. Great lawyers also goe after the truck company and other defendants. So this payment can include compensation for medical bills. Furthermore, it can also include payment for lost wages, along with pain and suffering. More Resources: "California bus crash: FedEx truck was on fire before the fatal collision, witnesses say": https://www.dailynews.com/general-news/20140412/california-bus-crash-fedex-truck-was-on-fire-before-fatal-collision-witnesses-say "La vida de los choferes portuarios": https://dinero.univision.com/economia-y-negocios/noticias-economicas/article/2009-03-31/choferes-portuarios-inmigrantes-victimas-de "Death Toll Rises": https://latimesblogs.latimes.com/lanow/2012/11/death-toll-rises-to-3-in-long-beach-truck-crash.html "710 Partially Reopens After Crash": https://losangeles.cbslocal.com/2012/11/20/long-beach-710-freeway-partially-reopens-following-big-rig-crash/ "Truck Driver Death - Port of Long Beach": https://www.presstelegram.com/technology/20090129/truck-driver-killed-at-port-of-lb "UPDATE: Univision's Primer Impacto Investigates Dangerous Road for Port Drivers" - PRNewswire-USNewswire: https://www.prnewswire.com/news-releases/update-univisions-primer-impacto-investigates-dangerous-road-for-port-drivers-61993832.html
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