Ways of Complying with the Financial Responsibility Law

All states in the U.S. require drivers to carry proof of financial responsibility, that is, proof that they are capable of compensating anyone they might injure in a motor vehicle accident wherein they are at fault. This financial responsibility may be shown by:

  • Carrying auto liability insurance, which is the requirement in 48 states
  • Paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee if they decide to register their vehicle as uninsured (paying this fee in lieu of purchasing an automobile liability insurance policy, obtaining a self-insurance certification, depositing money or securities, or securing a surety bond is a practice allowed in the state of Virginia; in the event of an accident, the at-fault driver would be held personally liable in compensating the person that he or she injures)
  • Depositing securities or money with the state treasurer or filing an SR-22 (these are alternatives to purchasing an auto insurance policy, a practice allowed in the state of New Hampshire).

The purpose of financial responsibility, or liability coverage, is to compensate an accident victim for the bodily injuries that he or she has been made to suffer and for all other costs or losses resulting from the injuries.

In the 48 states where carrying auto liability insurance is required, the type of insurance coverage that drivers need to carry depends on the “liability” system recognized in the state where they reside. In states where the “fault” system is recognized (also called “at-fault” or “tort liability” system), the tort insurance coverage is what drivers will need to purchase.

Under the “fault” system, accident victims can get compensation from their own insurance provider or from the at-fault driver’s insurance company; the victim may also decide to file a civil lawsuit against the at-fault driver. Compensation to be paid to the victim will cover cost of medical treatment, loss of income, pain and suffering, and damage to property.

In “no-fault” states, accident victims can recover financial losses from their own insurance providers, regardless of whose fault the accident is. Two major advantages this system has over the “fault” system is that, one, the victim will no longer have to file a lawsuit just to seek compensation (from the at-fault driver) and, two, seeking compensation will also no longer be a problem for: victims of hit-and-run; those whose are hit by a driver in a stolen vehicle; or those who are hit by a driver who is either uninsured or underinsured.

Despite the mandate on carrying liability insurance, millions of drivers rather choose to be uninsured – one reason is the high cost of premiums. The website of Hankey Law Office, P.C., however, tells drivers that being uninsured can be much more costly, thus, it is important that auto insurance be made affordable to everyone. Though there may be hundreds of insurance firms that never stop in finding ways to make premiums expensive, drivers and car owners can always turn to independent car insurance companies for help in finding the best insurance deal and the specific firm that offers this deal.

Seniors Share Residences to Stay Out of Nursing Homes

Home-sharing is a great option for seniors to still live independently while availing the necessary services that they can’t perform on their own. It offers great benefits for both parties – the senior and the participant – as long as the agreement is clear regarding the services that need to be provided and the restrictions are understood. Senior home-sharing may be a good option, but it is not for everyone. Those who have been unfortunately mis-matched have reported elder abuse. Many Tennessee personal injury attorneys understand the plight of seniors who have faced harm or injury from medical or non-medical care providers, which is why the advise seniors and their families to ensure they make the right steps to guarantee the right senior-participant matchup.

In order to be a part of the senior home-sharing program, both parties should first apply. There are a number of home-sharing programs available in the United States, but not every state offers the program. It is important to know whether you are signing in for a match-up or a group residence. Resources such as the National Shared Housing Resource Center can be accessed online and shares a listing of homeshare programs that in available in your state. Regional housing agencies, local office on aging, and non-profit organizations can also offer services as well as information on homeshare programs, and many even administer these programs to help with senior home-sharing.

After applying for senior home-sharing programs, both participants will be interviewed in person in order to get to know them and for the program staff to provide good matches. A home visit will be conducted, as well as a reference check (either by the program staff or the home-provide themselves) to ensure safety. If there is a potential match-up, both parties will be informed and they will meet at the home-provider’s home to determine whether they will be a good match. If they have agreed to the match-up, both parties will be drawing an agreement that would compromise and detail their different needs.

Many home-sharing programs can offer different services, such as independent background checks. Some programs offer to be mediators or negotiators during the drawing of the agreement or when disputes arise, but there are programs that do not offer such services. It is important to therefore conduct research and gather information on which senior home-sharing program would best work for you.

Facts about Fall Hazards

The leading cause of construction site fatalities are falls from height, while slip-and-falls (falls on one level) are a leading cause of injuries. It is therefore a major concern for those involved in the construction industry as well as the occupational safety and regulation body.

Fall hazards are identified as a part of the so-called “Fatal Four” in construction in company with electrocution, struck-by, and caught-in accidents. These are the main causes of fatalities (59% in 2009) and injuries in construction. The Bureau of Labor Statistics identified the incidence of different types of fall hazards over a 13-year period (1992-2005) and determined that nearly one out of three was from the roof, 1 out of 5 was from a stage, scaffold or ladder, and 1 out of 10 from girders. From the total of fall hazard fatalities, one-fourth was from falls from lifts, stationary vehicles, and existing openings i.e. sky roof.

The Occupational Safety and Health Administration (OSHA) addresses the issue of fall hazards by requiring the provision and use of fall protection gear for workers working more than 4 feet from the ground or when using or around dangerous machinery and equipment. As pointed out in the website of law firm Hach & Rose, the construction company is responsible for providing the proper safety equipment and tools which are in good condition and regularly maintained, and for the training of workers in their use. In New York, construction companies and contractors are absolutely liable for worksite injuries or fatalities, so it is in their best interest to see to it that their workers strictly follow safety regulations for fall prevention.

Some examples of how fall hazard injuries can happen:

  • Use of a makeshift scaffold or used beyond its load capacity i.e. 4 people for a scaffold designed for two
  • Failure to wear safety harness or fall protection gear
  • Lack of warning signs on open holes or hazardous areas
  • Faulty harness or climbing equipment i.e. ladders

If you have been seriously injured in a fall hazard situation in a construction site, you may need to seek compensation for your medical and other expenses. Find out how by asking a construction accident lawyer.

The Cybersquatting Law and Domain Name Disputes

The Internet has certainly spawned a wide array of colorful, sometimes tongue-in-cheek, terms that has become part of formal lexicon. One of these is cybersquatting, sometimes known as domain squatting, where an individual registers a domain name that is identical or sufficiently similar to a trademark to be confusing in order to benefit from this confusion. As pointed out on the website of Gagnon, Peacock & Vereeke, P.C., a trademark associates a product, service, or in this case a website, to a an established company. When it is used without authorization in domain name registration, the trademark owner may suffer losses in terms of reduced traffic, loss of reputation, or misinformation.

The intent of cybersquatters are typically to force the trademark owner to purchase the domain name or to lead consumers to presume an affiliation or connection between the trademark owner and the site which does not exist. Famous cases include Madonna v. Parisi and Julia Fiona Roberts v. Russell Boyd.

There are two ways that a trademark owner can address a case of cybersquatting. A complaint can be filed with the Internet Corporation of Assigned Names and Numbers (ICANN) for arbitration under the Uniform Domain Name Dispute Resolution Policy (UDNDRP), which will decide if there was bad faith involved on the part of the defendant. However, no monetary award is possible with the UDNDRP. A plaintiff may also file a civil case in federal court under the Anticybersquatting Consumer Protection Act (ACPA) where monetary awards may be requested for any damages the trademark owner sustained from the act of bad faith if the case is proven.

Not all domain name disputes are necessarily based on an intentional act of bad faith; the site owner may have a legitimate reason for registering a particular domain name. In such cases, this is not cybersquatting and the trademark owner may therefore not be able to keep the site owner from retaining or using the domain name. It is important to retain the services of an intellectual property lawyer in domain name disputes to ensure that all legal aspects of a case is carefully and thoroughly considered.

The Importance of Court Reporting Services

Litigation is not really about the trial, whether criminal or civil. The court trial itself is a culmination of weeks and maybe months of preparation that will provide the support for the claims of the plaintiff or allegations of prosecutor and the defendant/s. This is where the importance of court reporting services comes in.

Part and parcel of the investigatory aspect of any litigation is that of case law and witness accounts. Case law or precedent is the rule or principle established by the courts in past trials in common law legal systems that has not been successfully challenged or debunked. Such rulings are documented by court reporters as transcripts of court room proceedings and made available to lawyers to use as the basis for their arguments or motions.

Depositions, on the other hand, are verbatim transcripts of statements, interviews, and declarations by relevant persons pertaining to a particular case taken outside of the courtroom and presented during the discovery phase of a trial. These depositions are officially recorded by a court reporter without the supervision of the judge and used as evidence in the trial itself.

Because of the importance of their functions, court reporters have to be extensively trained to do their job properly and maintain certain skills, such as a typing speed of 225 words per minute. They also have to be licensed by the state, and in some states also have to be notaries public to be certified by the courts.

The transcripts provided by Houston court reporting services are important documents that are used in any kind of legal proceeding, ranging from issues of crimes to personal injury to child support. It does not matter if the purpose of the trial is to determine guilt or to decide on what is in the best interest of a child of divorce. Court reporting provides the bricks and mortar with which a competent lawyer can build a case that will stand up in court.

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