Blog
10
Nov
2011
Getting Arrested – notify your lawyer- just a push button away
Recently in a very interesting article in Times of India it was written that software developers have developed an application which allows users to notify lawyer, friends and family. Its developer Jason Van Anden created it in two days after an acquaintance narrowly avoided an arrest at a demonstration several weeks ago.
Since its release, the Android application has been downloaded nearly 10,000 times. But it is unclear if it has ever been used for its intended purpose or, indeed, whether it would be useful. The application is simple to use; it takes a few seconds to set up a list of phone numbers and a message. But, curiously, the message would not include information about a user’s location and does not facilitate connection to social networks like Twitter and Facebook, which are in wide use at political demonstrations. The application also raises a question. If you do not have time to send a full text message when being arrested, will you have time to take out your phone, open the application and press the “Send” button for two seconds? The applications primary use so far seems to be as a political symbol. Downloading it is a statement- as is, apparently, reviewing it.
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4
Nov
2011
One should always pay attention with the gas. It should be checked whether the gas, after its usage is light off properly. If one does not do so, and keeps it on, as a result, hurts or burns someone, then he/she is responsible for the harm.
It is January 6, 2009. 12.38 a.m. The Insured used the gas. The insured after using the gas left the gas on without the pilot light on. The gas starts leaking. The gas continues to leak. Our client is walking out at the front door. The Insured switches the light. As the light switches, it comes into contact with gas. As it reaches the gas, it explodes. It explodes the house. It explodes the car.
Due the recklessness and negligence of the Insured, our Client sustained life altering injures. Unfortunately, the Insured also lost her life. But, Client cannot live the life as he used to live before this accident. Imagine the burning sensations which the client continued to experience for month till a new skin came. Difficulty in speaking, walking, eating, sleeping almost everything. Additionally, for the rest of life, those burning spots at your body, using of ointment for rest of life. Covering your skin from sun. Using of hand gloves for long period. Change in behaviour due to irritation and uncomfortable less.
And additionally, huge medical bills and long term medical requirements, which one go through and continues to go. Xxon while preparing one of such case expects the insurance agent realizes the pain and suffering of our client and settles the case with good healthy amount for the injured and let him live his life with a monetary relief.
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2
Sep
2011
IS MOTION TO VACATE UNDER FEDERAL CIVIL RULE 60 A TOUGH CALL?
A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. Specific reasons and strong grounds should be set forth in Civil Rule 60. It can be filed in Superior Court or in a court of limited jurisdiction such as district court.
Generally, a Motion to Vacate will be granted if courts are convinced that fair opportunity was not available to present the case. If court gets convinced then court can change their mind.
It is very necessary that one should be confident with the grounds and good legal reason before filing the motion. Before filing the motion, it is also necessary to check the court file and take the complete details of the return of service. There are certain steps to be taken before filing the motion. There are also 6 forms which is to be filled for filing a motion.
Xxon while preparing such a motion for slip and fall cases had a very good experience. Undoubtedly, to convince court with such a motion is not an easy job. But, failure to serve the motion via mail, when mandatory has been violated by the opposing party. With strong ground and good legal reasons Xxon is confident enough that the motion will be granted.
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1
Sep
2011
A good driver is always keep safe distance from the ongoing vehicle. Let us take the example of rear-end collision. Maintaining reasonable distance, not following too closely, keeping a proper lookout are some basic rules which the driver has to follow while driving.
A good driver always pays attention on the road. He know when he should slow down, when to adjust speed, if the road is wet, or having snow then he should be more attentive and pay extra attention on the road.
Moreover, the role of good driver is not limited to driving, it is also his duty to the check the vehicle and all the parts before driving. Horns, Indicators, Air Brakes, Side Mirrors etc. should be properly checked and adjusted before driving. During winters and snowfall we often face the problem of visibility, with the proper working of horns, side mirrors and adjustment of indicators lot of protection can be done while driving.
Xxon while preparing deposition summarization often experience parties testifying that they don’t checked the horns, indicators or adjusted side mirrors before driving. Consequently, they often end up with rear-end collisions. If negligence is overcome, lot of collision can be ignored. Moreover, it hardly takes couple of seconds to check the parts or may be minute, but this couple of minutes can bring huge difference in one’s life. Considering this fact, we often expect that a good driver always checking the vehicle properly before driving.
Another one of the most important factor which differentiates good drivers from bad drivers is obeying of traffic signals and traffic rules. We often see drivers, in a hurry fail to keep a proper lookout, fail to obey traffic lights and end up with a motor vehicle collision. More attention is needed at the intersection. Xxon often handles lot of motor vehicle collision occurred at the intersection. Many of those collision or accidents are such which could have been easily ignored if proper attention would have been made.
With this, we expect bad drivers to follow good drivers and lessened the risk of motor vehicle collision.
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10
Jun
2011
XXON STUDY FOR PERSONAL INJURY CASES: CORRECT WAY TO YIELD RIGHT OF WAY
Right of way is a statutory right for the ongoing vehicles. Statutorily, right of way is something which must be given, in every situation, not taken. There are lot of collisions, due to improper right of way or failure to give right of way. It is a duty of a driver to determine the situation of the intersection and proceed accordingly.
Obeying of Traffic Signals - Most of the times intersections are controlled by signals. It is the duty of the driver to obey them strictly and when allowed to proceed accordingly. Some impatient drivers take an inappropriate decision before turning the signal in their way.
Driving on particular lane and when changing obeying the lane change laws – when driving on a lane, driver must yield vehicles travelling on a divided street or roadway, vehicles travelling on a roadway with three or more lanes. Making a sudden lane change can cause a severe collision. It is very necessary and important for the drivers to travel on a particular lane and not with changing unnecessarily.
Driving on Unpaved road intersecting with a paved road — While driving on an unpaved road, which intersects with a paved road, driver must yield the right-of-way to vehicle travelling on the paved road.
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8
Jun
2011
XXON STUDY: HOW IS DRINKING AND DRIVING IS SO DANGEROUS?
Drinking alcohol and driving is a major cause of serious collisions. Drivers lose their ability of judgment when you drink or use drugs. Inability is the first thing you develop while drunk. The inability of your judgement and inability of good sense affects how you react to sounds, what you see, and the speed of other vehicles around you.
Do not believe the myths that taking cold showers, drinking black coffee, or exercising will sober a person up. This is not true. Usually, it takes hours for a drunken person to sober up. Approximately, it takes about one hour for the body to get rid of each drink. Till the time person gets sober, best way is, to let the other person drive.
However, one hour case may not be applicable for every person. It all depends upon person and its body. On a safe ground, drunken person should not drive till he has an observant eye, a steady hand, and a clear head.
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6
Jun
2011
COMMON MOTORIST MISTAKES THAT BICYCLE RIDERS SHOULD KNOW
When there is a motor vehicle and car-bicycle collision, the most reason which has been seen is that motorist while turning left in the fact of oncoming bicycle often failed to keep a proper lookout, fail to maintain a proper distance, failed to yield the right of way and consequently ends with the violent collision.
2. When there is a motor vehicle and car-bicycle collision, the most reason which has been seen is that motorist while turning right in the fact of oncoming bicycle often failed to keep a proper lookout, fail to maintain a proper distance, failed to yield the right of way and consequently ends with the violent collision.
3. Now the third most common reason is, at the intersection, a motorist pulling away from a stop sign fails to yield right-of-way and ends up by colliding with the bicycles.
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3
Jun
2011
The driver and front seat passengers, in a passenger vehicle are required to use safety belts. Children less than 4 years of age or under 36 inches in height (regardless of age) must be secured in a child passenger safety seat if occupying a seat in a vehicle that is equipped with a safety belt. Children who are at least 5 years of age and under 17 years of age or who are younger than five years of age or at least 36 inches in height must be secured in a safety belt if occupying a seat in a vehicle that is so equipped.
Safety belt means a lap belt and any shoulder straps included as original equipment on or added to a vehicle. Safety belt usage requirements now include all pickups, SUVs and trucks. Safety belts are life belts. They help to keep you:
• From being thrown from your car. (Your chances of being killed are five
times greater if you are thrown from your car.)
• From hitting the dashboard too hard.
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1
Jun
2011
SITUATIONS WHEN CRASHES ARE MOST LIKELY TO OCCUR FOR PERSONAL INJURY CASES?
Crashes are most likely to occur in these high-risk situations:
Left turns
The most common crash between cars and motorcyclists is at an intersection when the automobile driver is making a left turn in front of a motorcycle. Almost forty percent of all motorcycle crashes occur at intersections.
Car’s blind spot
Cyclists riding alongside a lane of cars are often out of the view of the driver. An unsuspecting driver may collide with a motorcyclist as the driver tries to change lanes.
Hazardous road conditions
Motorcyclists have to be much more concerned about road obstructions such as potholes and fallen tree limbs. Railroad tracks may be minor problems for drivers, but a motorcyclist may have to slow down or change lanes to avoid these obstacles.
Weather conditions
When the road surface is wet or icy, motorcyclists’ braking and handling abilities are impaired.
Strong winds
A strong gust of wind can move a motorcycle across an entire lane if the rider isn’t prepared for it. Wind gusts from large trucks in the other lane can be a real hazard.
Large vehicles
A large vehicle such as a van, bus, or truck can block a motorcycle from a driver’s view. The motorcyclist may seem to suddenly appear from nowhere.
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30
May
2011
The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of certain percentage. Usually it is .02% or more but not more than .07%.
The purpose of making is 0.02% is that there are certain mouthwashes or syrups which contain certain amount of alcohol as there composition so it was decided to make a start from 0.02%.
If you younger that 21, and office deems that you have consumed alcohol then he has the power to temporarily detain you for the purpose of breathalyzer test.
If any person refuse to undertake the breathalyzer test then he becomes liable for punishment or revocation of license for certain period.
Now there are two types of procedures which is followed depending upon the percentage of the alcohol. The offender can be liable for administrative or criminal hearing.
If your BAC is .02% or more, but not more than .07%, then administrative hearing will be conducted by the law judge of the Department of Motor Vehicles.
If your BAC is more than .05% but not more than .07%, the police will have the option of charging you with driving while ability is impaired by alcohol (DWAI).
If your BAC is more than .07% but less than .08% you will be charged with the offense of driving while ability is impaired by alcohol (DWAI), and for those with a BAC of .08% or more, the charge will be “driving while intoxicated” (DWI). If you are charged with either DWI or DWAI, you will be arrested and dealt with in criminal court.
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