Accidents happen. We hear it all the time, and usually chalk it up to bad luck or being in the wrong place at the wrong time. But sometimes an accident and a resulting injury are somebody’s fault. And if someone else is at fault for your injuries, shouldn’t they have to pay if you have doctors’ bills, missed income, or even worse? There’s a large and often complicated area of law that covers accidents, the injuries they cause, and determining who, if anyone, is at fault. After an automobile, truck, motorcycle or ATV accident, you may be surprised at how quickly you are contacted by an insurance adjuster or claims examiner. While procedures vary among insurance companies, it’s not unusual to be contacted while you are still in the hospital or while you are still being treated. We often hear from automobile injury victims who are unsure as to whether they should talk directly to an insurance adjuster. As with other major decisions, you should carefully evaluate the pros and cons before deciding to negotiate a personal injury settlement on your own. Cons• Negotiation is a skill: Many people who decide to deal directly with insurance adjusters end up settling their claims for far less than what they could have likely obtained by working with a accident injury Lawyer. • Added stress: The days, weeks and even months after a personal injury accident can be stressful and confusing. Having to deal with an insurance adjuster for injury compensation can just add to that stress. When you work with an accident injury lawyer, you can have the peace of mind that comes from knowing you have a skilled professional in your corner, handling communications with the insurance adjuster on your behalf. Pros and Cons of Contingency AgreementsA contingency agreement is an arrangement between a plaintiff and a lawyer, stating that the lawyer will represent the plaintiff without money to pay up front. In these situations, the plaintiff pays the lawyer only if the lawyer wins the case. In the event of a settlement agreement for the plaintiff, the lawyer keeps the percentage of the award agreed upon beforehand. At first glance, contingency agreements seem like a win-win for the plaintiff: The plaintiff pays nothing out of pocket, and the lawyer works hard to win the case in order to receive a paycheck. However, depending on the circumstances, it may not be the best fee agreement for your case. AdvantagesOne of the biggest draws for contingency agreements is if you lose the case, you don’t pay the attorney for the work done. It’s also a plus because in many cases, the plaintiff can’t afford a lawyer unless the case is won. This also provides an incentive to the attorney to do the best work that they can, otherwise they miss out on payment. Usually, a contingency agreement comes into play in cases where the plaintiff has been injured and is seeking money damages for the injury. A plaintiff can request many types of damages from the defendant, including: DisadvantagesThe main problem with a contingency fee agreement is that it could cost the plaintiff more than standard hourly rates for a lawyer if the case settles quickly. A standard contingency fee can range between 30-40% of the final award. Whether your lawyer works for one week or one year, he or she will get the same amount of your settlement. If you have a risky case, a lawyer may negotiate a higher fee. Lawyers who use contingency fees can be very selective about the cases they take and avoid cases that appear to have low odds of winning. They do not have to accept a contingency agreement if they aren’t satisfied with the nature of the case, or if the state has imposed a cap on the amount of damages the plaintiff is able to claim. Also there may be additional fees associated with your cases, such as filing fees, discovery costs, and service of process fees. Be sure to scrutinize the full agreement to know what costs you are responsible for, on top of the percentage of the overall award at the end. Furthermore, laws vary state by state when it comes to placing caps on compensation. Advantages and Disadvantages of Out-of-Court SettlementsWhen you’ve been injured because of the negligent actions of others, you can file a personal injury claim. With this action, you’re standing up for your rights to compensation and will hold the person accountable for their negligence. While you may think this automatically means your case will go to court, there are a few steps before that phase. It’s possible you may settle your case out of court. This situation has a few advantages and disadvantages. However, when you’re pursuing legal action, you should always have representation on your side. Before making a decision, you should have the information about out-of-court settlements and how they may be beneficial and when you may want to consider other options. Out-of-Court Settlements: The AdvantagesLet’s start with the advantages of out-of-court settlements. These typically center around time and money, but there are other aspects you may have not yet considered. Cannot Make Defendant Pay CompensationWhen you settle, the other side does not have to pay compensation if they’re being difficult during negotiations. Taking them to court means that if the jury sides with you, then the defendant will have to pay compensation. Cannot Pursue Legal ActionIf you agree to a settlement, you may not be legally eligible to pursue any further action. So, if you have a lower award at the end of the settlement, that’s the amount you have and the matter is handled regardless of how you’re feeling. You may have had a much higher award if you had taken your case to court. Deciding When to Get the Court Involved in Your Injury CaseUntil a civil lawsuit actually begins, your lawyer can keep a lid on the insurance claim process. For example, the insurance company has no right to interview you directly unless an actual lawsuit is underway. And the insurance company cannot speak to your doctors. Nor can it force your lawyer to do any more work, or run up more in expenses, than the lawyer decides is necessary to investigate and prepare your claim. But once a formal lawsuit begins, your lawyer may have to do considerably more work, including responding to steps initiated by the insurance company’s lawyers. This can run up both stress and expenses that you and your lawyer cannot completely control. An accident injury lawsuit technically begins when a “complaint” is filed in the local branch of your state’s civil court. The complaint is a legal document setting out the facts and legal basis for your claim against the defendant. This complaint must be filed within the time limit set by your state’s statute of limitations. But the real action of a lawsuit does not begin until the defendant and his or her lawyer are formally brought into the case when your complaint is “served” on formally delivered to the defendant. The decision of when to serve the defendant, and therefore when to start the expensive and often stressful course of a lawsuit, depends on whether settlement negotiations are making any progress. If they are not, your lawyer may feel that proceeding with a formal lawsuit is the only way to pressure the insurance company to step up with a reasonable settlement offer. A decision about taking your case to court should be made jointly by you and your lawyer after a thorough conversation about the pros and cons of filing a personal injury lawsuit. Conducting Discovery in a Personal Injury LawsuitThe legal process that each side of a lawsuit (plaintiff and defendant) uses to get information from each other is called “discovery”. Discovery can involve the relatively simple exchange of written questions and answers called interrogatories, as well as other exchanges of documents. But it can also include expensive procedures called depositions in which lawyers from both sides get together and question the plaintiff, the defendant, or a witness. The questioning is done in person, under oath, while a court reporter records the answers (and then later prepares a written transcript). Although depositions are a basic part of most lawsuits, the number of depositions scheduled in a case can vary considerably. In a case involving huge amounts of money, lawyers take the deposition not just of the plaintiff and defendant but of every conceivable witness, hoping to turn up even a single crumb of useful information. However, this tactic is rarely used when smaller amounts of money are at stake. Your lawyer needs to bear in mind the expense of taking depositions. You might want to ask that your lawyer not schedule the deposition of anyone other than the defendant without discussing it with you first. Even though you may have already provided the lawyer with your medical and billing records, lawyers sometimes order them again out of habit, or to ensure that the file is complete. But the doctor’s office will charge for these records, and may charge a larger fee to a lawyer than to the patient and the lawyer, in turn, will pass this cost on to you. Also, lawyers sometimes want to get a doctor to write a report concerning your injuries. Such reports are sometimes important for your case, but they may cost a thousand dollars or more. Ask your lawyer (tactfully, of course) not to order any duplicate medical records, or request a medical report, without at least discussing it with you first. Setting a Personal Injury Case for TrialSetting a lawsuit for trial means asking the court to assign a date for the actual trial to begin. Often lawyers are forced to set cases for trial in order to put enough pressure on an insurance company to get a reasonable settlement offer. Getting a trial date from the court is a simple matter your lawyer just sends the court a written request. It’s what happens next that you have to be concerned about. In the first place, many contingency fee agreements provide that the lawyer’s fee goes up often from 33.3% to 40% as soon as the case is set for trial, regardless of whether the trial ever actually takes place. If your fee agreement has such a provision, you do not want your lawyer to set the case for trial unless it’s truly necessary. This means that the insurance company has not come up with a reasonable settlement offer and there are no more legal maneuvers, short of setting for trial, available to pressure the insurance company. Also, once the case is set for trial, the pace of legal maneuvering and preparations may speed up dramatically. The lawyers may schedule depositions and other expensive proceedings they had been putting off. And your lawyer may have to spend more of your money hiring outside experts to begin preparing for trial. Trial in a Personal Injury CaseIf you decide that what the insurance company is offering is just not enough, even after your lawyer has done everything possible to persuade the insurer of your damages and the other party’s liability, you may end up in a trial. At this point, you will rely on your lawyer almost completely, which is why it’s so important to find the right legal professional for you and your case. Accident Lawyer Rose Park UtahWhen you need an accident lawyer in Rose Park Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Payson, Utah County is located about sixty miles south of Salt Lake City and nestles against the foothills of the southern Wasatch Range. It was colonized by a group of sixteen Mormon pioneers who settled near Peteetneet Creek in October 1850. They included James Pace, Andrew Jackson Stewart, John Courtland Searle, and their families. The settlement, which had been known as Peteetneet Creek, was renamed Payson in 1851 after James Pace. Payson was incorporated as a city on 21 January 1853. The settlement at that time included Spring Lake Villa to the south and Summit (Santaquin) to the southwest. There were two major breaches of the peace between the native Ute Indians and the settlers during the early years. In July 1853 what became known as the Walker War began when an Indian shot and killed a guard outside of the fort at Payson. Skirmishes and encounters between the factions continued until May 1854 when a treaty of peace was entered into with Chief Wakara. Ten years of comparative peace followed. In June 1865 a treaty was established which stipulated that the Utes would be relocated on a reservation that had been established in Uintah County in eastern Utah. Chief Black Hawk and his followers were not willing to move and remained in Sanpete County. Conflict resulted and the ensuing Black Hawk War lasted for two years until a peace treaty was negotiated. Payson primarily has been a farming community. Principal crops have always been grass hay, which the pioneers found growing wild when they arrived, lucerne (alfalfa), and grains such as wheat, barley, oats, and corn; beets, potatoes, and onions have also been grown. Cattle, sheep, and hogs are also raised in the area. As the area grew, the supply of water became inadequate. However, additional water that became available following the construction and development of the Strawberry Reservoir brought new life to the area, with an increase in population and industrial development. Payson, like other Mormon communities in Utah Territory, was nearly self-supporting. The people produced their own food and clothing, milled their own flour, operated their own sawmills, manufactured their own shingles, adobe bricks, and furniture. A millinery shop was established in 1906 and a floral shop in 1917. New industries continued to be established over the years, including manufacturing plants of motor homes, campers and trailers, and fiberglass boats. While Mormons still predominate, religious diversity is found in Payson. The early settlers were members of the original Payson Ward, organized in 1851. There are now four LDS stakes in the Payson area, with a total of twenty-seven wards within these stakes. The Presbyterian Church established a mission and school in 1877. The school became known as one of the organization’s best and largest schools, with pupils attending from both Presbyterian and Mormon homes. The school continued in operation until 1910, but church services were continued long after that. The population of Payson has grown from 427 persons in 1851 to 3,998 in 1950, 4,501 in 1970, and 9,510 in 1990. Payson’s largest private employer is Mountain View Hospital, with over 400 employees, followed by Rayloc with more than one hundred. There are two elementary schools, a junior high school, middle school, and high school in the city. Property and Debt in a Divorce or Legal SeparationThe property and debts part of a divorce or legal separation is often so complicated and the cost of making a mistake is so high that you should talk to a lawyer before you file your papers, especially if you have anything of value (or if you have significant debt). Keep in mind you may not need to hire a lawyer to take on your entire divorce or legal separation, just the property and debt portion of your case. Understanding PropertyProperty is anything that can be bought or sold, like: When you get divorced or legally separated, the court makes decisions about how to divide the property that the spouses or domestic partners bought during the marriage. Even if you do not want to deal with these issues or if you divided your property informally when you separated, the court still needs to make a formal order about these issues. This does not mean that you have to go in front of a judge to decide these issues. Often, couples are able to divide their property (and their debts) by agreement. But when you get divorced, the judge has to sign off on that agreement. Until that happens, the property you got during the marriage or domestic partnership belongs to the 2 of you, no matter who is using it or who has control of it. The same is true of debts. If you divide them between you without a court order (or without a judge signing off on your agreement), the debt continues to belong to the 2 of you and you are both responsible for it, even if the 2 of you split it up informally. To understand how to divide your property and debt so you can finalize your divorce or legal separation, you have to understand how property laws work in Utah when a couple is married or in a domestic partnership. Community Property and Separate PropertyProperty that the couple acquires during marriage/partnership is “community property.” And debt that the couple acquires during the marriage/partnership also belongs to the “community debt.” Community property generally is everything that spouses or domestic partners own together. It includes everything you bought or got while you were married or in a domestic partnership — including debt — that is not a gift or inheritance. Community property also includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings. You can usually tell if property belongs to the community by looking at the source of the money that was used to buy it. If the purchase money was earned during the marriage, the property belongs to the community. Community property includes all financial obligations (debts) accumulated during your marriage or domestic partnership. This is true even if the debt was incurred by only 1 of you, or even if a credit card was in the name of 1 spouse or partner only. In Utah, each spouse or partner owns one-half of the community property. And, each spouse or partner is responsible for one-half of the debt. Community property and community debts are usually divided equally. You may have more community property than you realize. For example, you may not know that if your spouse or partner has a pension plan, you have the right to part of the money in that plan if any of it was earned during your marriage or domestic partnership. You may also have more community debts than you realize. Your spouse or partner may have gotten into debt in his or her own name that you are not aware of. If the debt was incurred during your marriage or domestic partnership, it belongs to you too. Separate PropertySeparate property is anything you have that you owned before you were married or before you registered your domestic partnership. Inheritances and gifts to 1 spouse or domestic partner, even during the marriage or domestic partnership, are also separate property. Rents, profits, or other money you earn from your separate property is also separate property. And property you buy with separate property is also separate property. Separate property is also anything that you acquire after the date of separation, including money you earn. This is one of the reasons why the date of separation is so important. It can determine whether certain property or debt is community or separate property. If you have separate property, it belongs only to you, as long as it was kept separately. Debts can be separate property too, such as credit cards you might get after the date of separation. Always look at the source of the money used to buy an item. In this way, you can decide if the item is separate property or community property. Sometimes things are part separate property and part community property. This is called “commingling” because the separate property and community property have become mixed together. When property is a combination of separate or community property, it can get very complicated to figure out how to divide it. A common situation is when one party owned a house before the marriage or domestic partnership and then sold it and used the proceeds as a down payment on another house after getting married, or after registering a domestic partnership. The down payment for this new house would be considered separate property (since the money came from selling a house that one person owned before the marriage or partnership). But, if the mortgage payments on the new house are made during the marriage or partnership using the earnings of either one of you, the equity (value) resulting from paying down the house loan is community property. The result is that the equity in the house is commingled. Another common situation happens when you or your spouse/partner has a pension or retirement benefit from a job held before and during the marriage. The contributions you each made to your pension before the marriage or registered domestic partnership are separate property. The contributions made after the date of marriage or registration of the domestic partnership and before you separated are community property. After you separate, those contributions go back to being separate property. Exactly how the pension is divided is complicated and you may need an expert in pension plans to help you figure it out. In some situations, if you each have a pension, you both may be able to keep your own pension. But you need to be sure of the value of each pension. In general, when either spouse/partner has a pension, a lawyer’s help is necessary. First, a pension can be one of the most valuable assets you have from your marriage or domestic partnership. Second, the special rules that apply to pensions are very technical and do not apply to any other kind of asset. A pension plan must be “joined” as a party in your divorce case before a judge will issue an order about how the pension will be divided. That court order is called a qualified domestic relations order, or QDRO. If you make an error, there could be harmful results. It is worth paying a lawyer to correctly prepare the QDRO for you. Annulments and Divorces In Payson, UtahAn annulment is a court order that declares a marriage void. The legal effect is that the marriage is deemed to have never occurred. Divorce is the legal mechanism for terminating a marriage. In a divorce, there is community property that the court will divide between the spouses. In an annulment, there is no community property because there was no valid marriage. The court will still, if necessary, decide which individual is the rightful owner of any property that was held or acquired during the voided marriage. Grounds For An AnnulmentUtah is a no fault divorce state which means that divorce is available to either spouse at any time for any reason. However, annulments are only available in limited circumstances. Annulments are available in Payson for the following reasons: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Springville Utah Divorce Attorney Probate Lawyer Spanish Fork Utah Family Lawyer Woods Cross Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Payson Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/payson-utah-divorce-attorney/ Owning a gun is a risk. There’s no way to sugar coat it. This is particularly true for suicides. The American Academy of Pediatrics states that “a gun stored in the home is associated with a threefold increase in the risk of homicide and a fivefold increase in the risk of suicide”. Suicide is considered to be an impulsive action, so easy access to a gun increases the likelihood and the fatality of suicides. The numbers show that most firearm suicides are fatal, whereas the same is not true when suicide is attempted by other means. Guns can kill you in three ways: homicide, suicide, and by accident. Owning a gun or having one readily accessible makes all three more likely. Firearms Responsibility in The HomeAs a firearms owner, you are responsible for knowing how to properly handle your firearms and how to secure your firearms in a safe manner in your home. Safe Storage Of Guns In UtahSafe storage laws promote responsible gun-owning practices by requiring gun owners to store their firearms unloaded and locked when unattended. These laws are intended to help prevent unauthorized users, including children, from accessing and using firearms, which can reduce tragedies due to suicide, unintentional discharges, and gun theft. Safe gun storage refers to practices that limit accessibility to guns by unauthorized users, including minors and thieves. These practices can include locking guns in a secure place such as a gun safe or cabinet or using safety devices such as trigger or cable locks. The most secure way to store firearms, as recommended by the American Academy of Pediatrics, is to store them unloaded, locked, and separate from ammunition. FIREARMS RULES FOR SAFE STORAGE• Always store ammunition in a locked location separate from firearms and out of the reach of children. FIREARMS ACCIDENTS IN THE HOMEThis can be prevented simply by making sure that firearms are kept unloaded and safely stored, with ammunition secured in a separate location. When these firearms are not being used, they must be safely and securely stored. This is where firearms responsibility in the home begins and ends. Options to help you safely store your firearms include: • A firearm locking device should be considered as only one element of a safe storage program for firearms. What Are The Causes of Firearm Accidents?Unintentional shootings rank among the leading causes of gun deaths. FIREARMS KEPT FOR SECURITYYour most important responsibility is ensuring that children cannot encounter loaded firearms. The precautions you take must be effective. Anything less invites tragedy and is a serious violation of your responsibility as a firearm owner. responsible: be quickly opened by authorized individuals are options to consider. You must exercise full control and supervision over a loaded firearm at all times. This means the firearm must be unloaded and placed in secure storage whenever you leave your home. Secure ammunition separately. Fatal home firearms accidents can occur when children discover firearms that adults thought were safely hidden or out of reach. Deterring access by firearms owners who live with a person who is at-risk or legally prohibited from possessing a firearm may wish to consider upgrading their storage levels to better meet their safe-storage responsibilities. You must be absolutely certain that no firearm can be accessed by an at-risk or prohibited person. Simply hiding a firearm is not secure storage and poses a risk. Persons considered to be at-risk may include those with symptoms or history of treatment for mental illness, increasing patterns of alcohol/ substance abuse, isolation or violent behaviors, or recent experience with a major life event— such as divorce, job loss or financial trouble. It also can be someone who you, the firearms owner, have good reason to believe is likely to do harm to themselves or others. A person is legally prohibited from possessing a firearm if he or she is a convicted felon, fugitive from justice, unlawful user of any controlled substance, illegal alien, dishonorably discharged from the military, subject to a court restraining order, has been convicted of a crime involving domestic violence, has renounced U.S. citizenship, or who has been deemed mentally incompetent (“a mental defective”) by a court or involuntarily hospitalized for psychiatric care. In this situation, consider storing firearms not in use in a locked gun safe or other appropriate security device that is resistant to tampering by an adult. If for any reason you as a firearms owner feel uncomfortable with or are unable to accept these safe storage responsibilities given the circumstance of having an at-risk or prohibited person living with you, we strongly urge you not to own a firearm. Temporary off-site storage is an option. Such storage can be effective; for example, if an individual living with you is in emotional crisis or exhibits significant behavior change. Friends who are gun owners might offer storage. Your local firearms retailer may know of options for off-site firearms storage in your area. Secure storage options for gun owners living with at-risk or prohibited persons include a locked gun safe, gun cabinet, lock box or storage case. For added security, portable storage devices can be secured to a wall or the floor, or both, to prevent removal. In addition to locked storage, unloaded firearms can be secured with a gun-locking device that renders the firearm inoperable. Firearms can also be disassembled, with parts securely stored in separate locations. Firearms kept for security reasons are fully controlled at all times. Firearms are securely stored in a location inaccessible to children and other unauthorized persons. Sporting firearms are unloaded before they are brought into the home and never loaded while in the home. Sporting firearms are immediately cleaned and placed in secure storage when they are returned from hunting or target shooting. When firearms are removed from storage, they are always carefully checked to confirm that they are unloaded. Ammunition is stored under lock and key, separately from firearms. The owner’s manual that came with the firearm must be read and understood. Treat every firearm as if it were loaded. Keep the muzzle pointed in a safe direction. Keep your fingers off the trigger. Don’t rely on your firearm’s “safety” device. Keep the firearm unloaded when not in use. All members of the household must understand and follow the requirements of Firearms Responsibility in The Home. Loss of FirearmsA lost firearm is simply that: lost. You may have left it behind at the range or it fell out of your boat when you were out fishing, or you simply can’t find it in the attic where you know for sure that you left it. A stolen firearm means that the gun owner has been a victim of theft. Someone broke into your house or into your car and stole your firearm. From a legal liability perspective, there is no difference between firearms that is lost versus stolen. How to prevent the loss of a firearm?• Buy a good CCW holster: People don’t think about dropping money on a high performance compact concealed carry firearm but they’ll balk at buying a concealed carry holster. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can A Private Company Do A Private Placement? Is There An Inheritance Tax In Utah? Real Estate Lawyer Grantsville Utah What Is The Average Cost Of Divorce In Utah? Springville Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Gun Ownership Legal Concerns first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/gun-ownership-legal-concerns/ Located in Utah Valley, Utah County, Springville is about midway between the north and south borders of the county to the east of Utah Lake at approximately 4,500 feet in elevation, at the foot of the Wasatch Range. One of the most important features of the Springville location is Hobble Creek, a stream draining the modest watershed of Hobble Creek Canyon. Springs from both forks of the canyon feed the creek above what is now the Hobble Creek Golf Course, but irrigation keeps Hobble Creek from flowing perennially. These springs and others north of town give Springville its name, although it was first called Hobble Creek. Native Americans of the Ute tribe occupied land in the well-watered valley. They hunted and fished, but left no written record of their lifeways. The first such record of these people is in journal entries of the Dominguez-Escalante expedition, which left Santa Fe for Monterey in July 1776. The Spanish fathers leading the expedition were delighted to find many Utes living around Lake Timpanogotsis (Utah), and felt the Indians, including those living on Hobble Creek, might be subject to their missionary efforts. Aaron Johnson led settlers to Springville in 1850. Mormon settlers displaced Native Americans and relegated them to an “Indian Farm,” located on poor ground, unfit for farming, at the mouth of the Spanish Fork River near the Utah Lake. Mormon settlers developed subsistence farming for fewer families than was hoped, due to lack of water. Some Springville farmers turned to hauling freight from California twice a year. Following the Civil War in 1865, other farmers turned to raising cattle and sheep. Completion of the transcontinental railroad in 1869 made rail shipment of stock to market possible, so stockmen used more intensive grazing practices. The railroad also helped make mining products profitable, and many mines started to be developed. Beginning in 1878, Springville merchant Milan Packard built a railroad to bring coal from Scofield to Utah Valley. The Rio Grande Railroad bought out the line in 1882. Like the Native Americans before them, Springville stockmen lived in the valley during the winter and grazed their animals in the mountains in summer. Valley precipitation is generally low, six to twelve inches per year. Above 6,000 feet elevation, precipitation in the mountains is 20 inches to 30 inches annually. Most of the water comes in the form of winter snow. Stockmen over-used grazing resources. The stock consumed most of the grass from the hillsides, leaving surfaces unprotected from summer cloudbursts and spring runoff. The resulting floods and mud flows nearly caused abandonment of some rural communities. The results of land abuse prompted community leaders to call for federal help for their problems. In 1902 Albert Potter from the U.S. Department of Agriculture surveyed the mountains. His report, coupled with pleas from community leaders, brought in the recently created U.S. Forest Service to manage area forest resources, including grasslands above Springville. During the stockraisers’ struggle with grassland use, area farmers were looking for ways to find more water for irrigation. They also invited the federal government in by applying the recently passed Newlands Act (1902). The new law loaned federal money to local groups to develop water projects in arid or semi-arid regions of the country. The Strawberry Project was the result of farmers in Utah Valley trying to use the Strawberry River to irrigate their land. Springville’s “Union Bench” was a beneficiary of the project, and led to formation of Mapleton City out of Springville benchland. Springville farmers grew sugar beets as a cash crop. Local companies built a system of factories to process sugar that sold nationwide. Fruit farms expanded at the demand of national canning companies like Del Monte. Following World War I, L.F. Rains established a steel plant north of Springville to take advantage of his coal interests in Carbon County. He formed the Columbia Steel Corporation at Ironton in 1922 to make pig iron. He negotiated with J.W. McWane to use iron to make cast-iron pipe in facilities adjacent to the Ironton plant. He also invited Republic Creosoting Company to establish a plant to use coal tar, a by-product of the coking operation at Ironton. This industrial complex employed Springville men. In 1921 the U.S. government passed a law to assist states with highway construction. Several companies from Springville organized to take advantage of the opportunity. Springville families including the Clydes, Strongs, Sumsions, Reynolds, Whitings, Thorns, and Mendenhalls benefited until the Great Depression eliminated federal money. In 1936 construction of roads and other public works was part of the recovery plan and Springville contractors again were active participants. Springville was said to have had more contractors than any other town of its size in America. Springville is noted around the state for its art museum, and it also has a business district. However, removing traffic from the city also removed it from the Springville business district. The net result has been a reduction of retail business activity in Springville. Nevertheless, Springville’s population has grown steadily since the 1920s, reaching 13,950 in 1990. Springville’s largest employers include Stouffer Foods Corporation, with over 500 employees, and Valtek, which has more than 400 employees. There are five elementary schools and one junior high school, one middle school, and one high school in Springville. Most of the community are LDS and attend twenty-nine wards in four stakes. The Presbyterian Church has been active in the community since its establishment in 1880. How Divorce Works In Springville UtahOften the first step taken in the process of getting a divorce is for one spouse to move out of the shared residence. This might just be a trial separation while they decide if divorce is imminent or if they might get back together, or this might be a definite step in the initiation of the divorce. If it is the former, then this is not a legally recognized separation, and any assets or debts created during this time are still jointly owned. When people refer to “legal separation” they usually mean that period of time they are required to live apart before they can file for divorce. Most states don’t actually have a “legal separation,” just the separation requirement, which entails living (and sleeping) in different locations at all times. Even getting back together for short periods of time may reset the clock for the separation period. Separate bedrooms in the same house do not constitute a separation. Like for the final divorce, there can be an agreement to divide property and temporarily establish spousal support and child custody. Any assets or debts accumulated during the separation belong to the individual rather than the couple. Sometimes, people choose a legally recognized separation in lieu of a divorce, meaning the couple is still legally married but living apart indefinitely. This arrangement may be preferable for insurance or other reasons. Filing a Divorce PetitionPeople can only file for divorce in the state where they live and must have already met the separation requirements. Filing for divorce, also called filing a “Complaint for Dissolution of Marriage,” requires appropriate forms to be completed, a fee paid and the papers filed with the district court in the appropriate county. If you’re using an attorney, the attorney will help complete the forms and file them. If not, you’re usually on your own. The court personnel will not answer legal questions or help with paperwork. Part of the petition for divorce is the “grounds for divorce.” Even when filing for a no-fault divorce, there has to be a stated reason. Many states simply have a single available ground for no-fault divorce, such as “irretrievable breakdown of marriage” or “irreconcilable differences.” Other states have three or four grounds. Fault-based divorces have varied grounds depending on the state. Another part of the petition includes a listing of items that will be at issue such as the residence, cars and other shared possessions. Notifying the SpouseOnce you file the complaint, your spouse has to be notified, or served. You (or your lawyer) must submit to the court proof that your spouse has been formally notified. Usually, the spouse can simply sign what is sometimes called a Voluntary Appearance document. If your spouse signs a Voluntary Appearance document, then he or she simply agrees to everything in the complaint and does not have to respond. Otherwise, he or she must formally respond, or file an answer, within a specific period of time usually 20 to 30 days. And, once he or she responds, there is another waiting period before a hearing can be set. If your spouse is served and does not answer, then the judge can grant you everything requested in the complaint. If your spouse cannot be located, then usually a “service by publication” can be filed. In this case, notice about the divorce appears in a newspaper serving the county where your spouse last lived. This method for service usually allows a longer response period. Temporary HearingBecause a trial can be a year away, there may be a “temporary hearing” (also called a motion) to establish temporary child or spousal support and other issues. Some common requests for “temporary” relief include: • It can settle issues for the period between the initial separation and the time of divorce. Sometimes separations can last several months or even years, so it is important settle all of the necessary issues in writing so you’re covered during that time period. Divorce LawyerWhen you need legal help from a divorce lawyer for a Springville Utah case, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can A Private Company Do A Private Placement? Corporate Lawyer American Fork Utah Can A Wife Claim Her Husband’s Property In Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Springville Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/springville-utah-divorce-attorney/ Some Strategies That Attorneys Can Use to Fight a DUI • The credibility of the evidence or of the officer can be challenged: If the officer took a video of the individual, and it appears as if the individual was not swerving on the road, breaking any laws, or did not appear intoxicated, a good attorney might be able get the case dismissed. Sometimes, individuals have medical conditions that make them appear to be intoxicated even if they were not legally intoxicated. This is a strategy that might help. Sometimes, using witnesses who can attest that the individual was not intoxicated can help to question the reliability of chemical tests or sobriety tests. Each experienced attorney has numerous approaches they can use based on the evidence, the specific conditions, and information provided to them by their client. This is why it is essential that an individual records everything they can remember about their arrest as soon as possible. If it is clear that there will be a conviction or to appeal to the judge, an attorney may often suggest that the individual immediately enroll in a treatment program or therapy, which can be used to objectively demonstrate to the judge that the individual is trying to change their behavior. Sometimes, this can result in a lesser conviction or lesser consequences; however, repeat offenders typically receive less leeway with these tactics. How to Get Your DUI Arrest RecordsWhether you were charged but not convicted or simply arrested on suspicion of driving under the influence (DUI) but not charged with the crime, your interactions with the criminal justice system may be a matter of public record. Why would this be of concern to you? It really depends on your own personal situation and the severity of the offense, but the hard truth is that one simple DUI arrest even if the charges were dropped or never filed in the first place can come back to haunt you in several ways. Even a clerical error, if left unchecked, can cause similar headaches. For instance, your DUI arrest record may be all a hiring manager needs to see in order to eliminate you from consideration for a job, even if charges were never filed. It may sound unfair, but your police record can cast a long shadow on your future plans. This could also come up if the job you are applying for requires you to hold a commercial driver’s license (CDL). Knowing exactly what arrest records are out there can help you get out in front of it and possibly get those records expunged from your record. Arrest Records, Court Records, and Rap SheetsBefore you begin looking for your records, it’s important to understand the difference between police records, court records, and rap sheets. Your court records include actual convictions and related court proceedings. Your police records include all recorded interactions with the police, including arrests that don’t result in charges or a conviction, stretching back seven years. Your rap (“Record of Arrests and Prosecutions”) sheet contains any contact you have had with the criminal justice system and is maintained by the Federal Bureau of Investigation (FBI). The limits of what records a third party (such as an employer) may access and use for decision-making purposes are subject to both federal and state law, and sometimes vary by county, although enforcement can be very difficult. However, third-party access to your rap sheet is limited to certain state and federal agencies for background checks and security clearances. Arrest records of juveniles are not available to the public in most cases. Also, police records considered too sensitive for release (for instance, if doing so would endanger someone’s life or interfere with an investigation) may be barred from public view. Accessing Your DUI Arrest RecordsThe process for accessing your police records will vary by state and by jurisdiction. Some police departments require you to contact them directly for arrest records, while others make them available online. To obtain a copy of your rap sheet, you must submit a signed application and a set of fingerprints to the FBI, along with a processing fee. If you’re applying for a job, searching for an apartment, or want to expunge a DUI arrest, you will first need to access your arrest records. Consider talking to an attorney if you have questions about the law surrounding arrest records or have other concerns. Get started today by contacting an experienced DUI lawyer in your area. DUI ExpungementA DUI can leave a lasting stain on a criminal record, but there are ways to get the stain cleaned. The process of getting a DUI removed from your permanent record is known as “expunging.” Though an expungement might clear up your criminal record, your driving record may still show your DUI. Yet, having one on your driving record won’t last forever and license-related consequences generally only last for a finite period of time (i.e. one month suspension, six months redistricted driving). Once convicted of a DUI, you’ll also need to file an SR-22 with your car insurance provider which will likely increase your rates. This will eventually be removed, depending on state laws, after some time. However, not every state allows for expungements, and those that do place a number of restrictions on how to do so. Eligibility for a DUI ExpungementProbation is an important factor of DUIs and potential for expungement. It accounts for two of the three general requirements that must be met in order for you to be eligible for an expungement (and even then, they do not guarantee that the conviction will be wiped): Petitioning for an DUI ExpungementIf you (and/or your attorney) determine that you meet your state’s requirements to expunge a DUI conviction from your criminal record, there are a few ways to request this. You must file a petition which includes an affidavit and a motion for relief, pay filing fees (anywhere between $100 and $400), and then inform the prosecuting attorney’s office of your intent. When the prosecuting attorney’s office receives notice of your request, they will have to file an answer and challenge your request. The petition itself is subject to a review before a judge, even before it is officially upheld or denied. Depending on the circumstances surrounding the DUI and the sentencing you received, a judge may have to sign off on your petition for expungement before it can be submitted to a court. The last step of the process is to request a final hearing in front of a judge. If you are granted the opportunity, you will have to show why you deserve to have your DUI conviction expunged. Your attorney will make the arguments on your behalf, but you may be called to give a statement to the court and answer questions from the judge. How Long Until My Record is Expunged?In the same way that different states have their own laws about allowing expungements, the amount of time that has to pass between your conviction and your petition to expunge changes from one border to another. Typically, you have to wait at least a year from the date of your conviction in order for the courts to consider a request to wipe your record clean, but the waiting period may be influenced by the gravity of the DUI offense and your probation period. A DUI attorney will be able to best advise you on the most optimum time to file a petition. Once the petition is filed, an expungement for a DUI can take up to six weeks to be processed. Felony DUIs tend to take longer while a misdemeanor DUI can be processed in as little as two weeks. After the court grants approval for a DUI to be expunged from your record, you will still have to wait for the expungement to take effect. The court system will have to update its documentation, and only then will the relevant DUI records reflect the expungement. It normally takes around 48 hours for a court to update its DUI records, but if any federal agencies (like the FBI) have information related to your DUI, then it could take months for your expungement to go into effect. Can I File a DUI Non-Disclosure?Not qualifying for a DUI expungement doesn’t have to be the end of the road. It might still be a good idea to talk with an attorney who specializes in expungements and DUI laws. You might have some options available to you that grant similar effects. For example, you could petition for DUI non-disclosure, whereby your criminal record is sealed from private agencies (like a potential employer) who may want to conduct a background check on you. However, the DUI will still remain on your criminal record, so it will turn up on a deeper criminal background check. If an expungement petition is granted, then the DUI is wiped from your record, as though the conviction never happened. An employer or landlord running a background check will not find any trace of it depending on the severity of the original offense and the state where it happened—and your DUI might never again show up on your record. How To Expunge A DUI ConvictionFor a misdemeanor DUI conviction to be expunged, at least 5 years must have passed from the date of conviction, the person cannot have committed any other crimes in the previous five years from filing the expungement petition, and the person must have paid all courts costs and fines. These are the minimum requirements for a misdemeanor expungement and other factors such as additional criminal convictions can change when or if a person qualifies to file a petition. For a Level 6 felony DUI conviction to be expunged, at least 8 years must have passed since the date of conviction, the petitioner cannot have committed any other crimes in the prior 8 years and the person must have paid all fines, fee and court costs. And again, any other criminal convictions on the person’s history will affect the ability to file for an expungement of a DUI conviction. Expungement petitions can be complicated. In order to file a petition to expunge a DUI conviction, a petition must be filed in the court of conviction, or in the county where the conviction occurred if there are other convictions being expunged at the same time in that same county. Local rules must be followed in determining where to file the petition. Along with the petition, you may want to file relevant exhibits, showing when the conviction was entered, what the sentence was and if the fines and fees were paid. There is also very specific information that must be included in the expungement petition, including the person’s date of birth, social security number and all prior addresses since the date of the offense. These details are important, and if left out, the prosecutor may file an objection. Having an experienced expungement attorney can be the difference between having your petition granted or denied. Depending on the court the case is filed in, you may need to file a proposed order with the petition or after a hearing. Some courts will grant the petition without a hearing if there is no objection from the prosecutor, while other courts require a hearing for every petition. Whether you have an attorney or not, if there is a hearing set, it is always important to be prepared and have all of your documents in order. Once a DUI is expunged or sealed by the court, the court’s order will determine what will be ordered expunged. In most cases, the court will order the conviction and any records related to that conviction expunged. This order will be sent to the arresting agencies, the court clerk, the prosecutor’s office, any jail or probation office that provided services and any other state agencies that maintain records, including the Police. Provo DUI LawyerWhen you need to defend against DUI Charges in Provo Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can You Refuse A Breathalyzer In Utah? How Can I Get My House Back After Foreclosure? Corporate Lawyer North Salt Lake Utah Does Divorce Cost A Lot Of Money? Can A Private Company Do A Private Placement? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post DUI Utah Provo first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/dui-utah-provo/ Private placement is a common method of raising business capital by offering equity shares. Private placements can be done by either private companies wishing to acquire a few select investors or by publicly traded companies as a secondary stock offering. Private placement is also referred to as an unregistered offering. While an IPO requires a company to be registered with the Securities and Exchange Commission (SEC) before it sells securities, a private placement is exempt from that requirement. A private placement might take place when a company needs to raise money from investors. Yet it is different from taking money from other private investors, like venture capitalists. It’s still regulated by the Securities and Exchange Commission (SEC), but under different rules, collectively known as Regulation D. Reg D allows companies to issue securities based on the investors buying them. It distinguishes between accredited and non-accredited investors, as defined by the SEC. Any number of accredited investors can take part in private placements. Though private placements can issue securities to non-accredited investors, only 35 such investors can be included. If you’re looking to invest in a private placement as an accredited investor, you’ll need to meet some requirements, including: However, private placement does exist for the small business owner and is often less expensive and easier than taking your company public. And, in the United States, private placement often does not need to be registered with the Securities Exchange Commission. Regulation D is the most popular form of non-public private placement. When a publicly-traded company issues a private placement, existing shareholders often sustain at least a short-term loss from the resulting dilution of their shares. However, stockholders may see long-term gains if the company can effectively invest the extra capital obtained and ultimately increase its revenues and profitability. Understanding Private Placement MemorandumsPrivate placement is an issue of stock either to an individual person or corporate entity, or to a small group of investors. Investors typically involved in private placement issues are either institutional investors, such as banks and pension funds, or high-net-worth individuals. A private placement has minimal regulatory requirements and standards that it must abide by. The investment does not require a prospectus and, quite often, detailed financial information is not disclosed. For an individual investor to participate in a private placement offering, he must be an accredited investor as defined under regulations of the Securities and Exchange Commission (SEC). This requirement is usually met by having a net worth in excess of $1 million or an annual income in excess of $200,000.Private placement can offer investors an exclusive opportunity that isn’t available to the public. It can also offer companies funding without requiring them to register with the SEC or disclose a lot of financial information. However, all investments carry risk. Though still covered by antifraud portions of securities laws, private placements can withhold more information than investors than public offerings. Companies should know that non-accredited investors still require financial disclosures. Meanwhile, potential investors should consider gathering information beyond what’s offered before sinking their money into a private placement. Private Placement and Share PriceIf the entity conducting a private placement is a private company, the private placement offering has no effect on share price because there are no pre-existing shares.With a publicly-traded company, the percentage of equity ownership that existing shareholders have prior to the private placement is diluted by the secondary issuance of additional stock, since this increases the total number of shares outstanding. The extent of the dilution is proportionate to the size of the private placement offering.For example, if there were 1 million shares of a company’s stock outstanding prior to a private placement offering of 100,000 shares, then the private placement would result in existing shareholders having 10 percent less of an equity interest in the company. However, if the company offered an additional 1 million shares through the private placement, that would reduce the ownership percentage of existing shareholders by 50 percent. Motivation for Private Placement MemorandumsThe dilution of shares commonly leads to a corresponding decline in share price—at least in the near-term. The effect of a private placement offering on share price is similar to the effect of a company doing a stock split.The long-term effect on share price is much less certain and depends on how effectively the company employs the additional capital raised from the private placement. An important factor in determining the long-term share price is the company’s reason for the private placement. If the company was on the verge of insolvency and did the private placement as a means of avoiding bankruptcy, it would not bode well for the company’s shareholders.However, if the motivation for the private placement was a circumstance in which the company saw an outstanding opportunity for rapid growth that simply required additional financing, then the eventual extra profits realized from the company’s expansion may push its stock price substantially higher.Another possible motivation for doing a private placement could be that the company cannot attract large numbers of institutional or retail investors. This might be the case if the company’s market sector is currently considered unattractive, or there are only a few analysts covering the company. Benefits of Private Placement Memorandums• High degree of flexibility in the amount of financing ranging from $100,000 to $10 to $20 million dollars consisting of combinations of debt, equity, or debt and equity capital. Where You Can Find Private Placement Memorandums?The money from private placements can come from accredited investors defined by the SEC Rule 501 under Regulation D as: What You Need for a Private Placement?• You need a sound business plan. Restrictions On Private Placement MemorandumsThere are some limitations of private placements, especially when it comes to what types of investors are allowed to participate. A number of rules within the SEC’s regulation D cover those restrictions. Rule 504Issuers can offer and sell up to $1 million of securities a year to as many of any type of investor as you want. They aren’t subjected to disclosure requirements. Rule 505This rule says issuers can offer and sell up to $5 million of securities a year to unlimited accredited investors and 35 non-accredited investors. If you’re selling to a non-accredited investor, you’ll need to disclose financial documents and other information. With accredited investors, the issuer can choose whether or not to disclose information to investors. But if you provide that information to accredited investors, you must also share that information with their non-accredited ones. Rule 506An unlimited amount of money can be raised if the issuer doesn’t participate in solicitation or advertising. While an unlimited amount of accredited investors can be brought in, 35 non-accredited can take part if they meet specific criteria. They need to have enough financial knowledge or have a purchaser representative present to understand and evaluate the investment. A private company can issue shares via: Preferential AllotmentPreferential allotment is the allotment of shares to a select group of people on a preferential basis.This does not include an offer of shares through a public issue, right issue, bonus issue, ESOP, etc.The issue of preferential allotment should be authorized and stated in the Articles of Association of the company.The issue of shares should be fully paid up at the time of allotment.Preferential allotment should be made within 12 months of passing the special resolution.The valuation of shares will be valued by a registered valour. Conversion of Loan or Debentures into SharesBy passing a special resolution, a company can convert its loans or debentures into shares. For shares to be convertible, a term has to be attached to the loan or debentures permitting the company to convert them into shares. Bonus issue of shares should be authorized by the Articles of Association.A resolution needs to be passed at a general meeting.All existing shares must be paid-up fully.The company has not defaulted in any repayments (statutory dues, debt securities or fixed deposits).Bonus issue can be made from Capital Redemption Reserve, free reserves and security premium accounts.Once a bonus issue is announced, it cannot be nullified or withdrawn. PPM LawyerWhen you need a Private Placement Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Santaquin Utah Divorce Attorney Can You Refuse A Breathalyzer In Utah? Bond With your Children After Divorce Real Estate Lawyer South Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Can A Private Company Do A Private Placement? first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/can-a-private-company-do-a-private-placement/ While there is no specific guideline or deadline as to when you have to hire an accident injury attorney, especially after a car accident injury, it is very important to engage the services of a accident injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis. Chances are strong that there are going to be have to be conversations with your lawyer regarding your medical bills and your property damage. Your accident injury lawyer and accident injury law firm will make sure that the medical bills are paid and that the property damage claim to your vehicle is paid in a timely fashion so you can get your car back on the road. The time to start that process is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident. If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific period of time. If you believe that you are a victim of medical malpractice, you should engage counsel as soon as you can. Medical malpractice claims take time and also require a lot of work on the lawyer’s behalf. The more time that you give them to work your case, the better off you will be. In some cases, accident injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional. Accident injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim. Insurance Claims After an AccidentIf you’ve been injured in an accident, you’ll want to file a police report and an insurance accident claim with either your insurer or the insurer of the responsible party as soon as possible (but after seeking medical attention). The claim is the first step toward being compensated for medical expenses, lost wages, or other damages resulting from the accident. First Party Claims vs. Third Party ClaimsThere are two types of insurance claims: first party claims and third party claims. While a first party claim is one you file with your own insurance company, a third party claim is one you file with the insurance provider of another person or business. Most insurance holders have coverage for third parties who are injured as a result of their actions. The type of claim you file will depend on who was at fault in the accident, the type of accident that occurred, and the extent of your insurance coverage. For example, if you caused an auto accident while driving in your car, you should probably file a first party claim with your auto insurance provider. On the other hand, if you were hit by a car while crossing the street or were involved in an accident while a passenger in a car, you should file a third party claim with the driver’s auto insurance provider. Alternatively, if you were injured while shopping in a store or eating at a restaurant, you can file a third party personal injury claim with the business’ insurance company. These claims apply to bodily damage as well as property damage. Insurance Claims ProcessWhether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries. The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property. After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident. Denial of Claims and the Appeals ProcessThere are a number of reasons why your claim may be denied. For example, you may have waited too long after an accident to file your claim or failed to submit to an independent medical examination. Alternatively, the type of car accident you were involved in may not be covered under your insurance plan. Whatever the case may be, you’ll receive notification from the insurance company if your claim is denied. It is then up to you to appeal the denial of the claim. Appeals procedures can differ from company to company, so you should take a look at the policy in question to learn about the appropriate next steps. If you have questions about the appeals process or if your appeal is denied, it’s probably in your best interests to consult with an insurance attorney. While medical expenses and lost wages are usually pretty cut and dried, it’s difficult to place a dollar amount on the pain and suffering a person experiences after being injured. Insurance companies have developed damages formulas to calculate how much to pay the injured for these types of non-monetary losses. The insurance claims analyst first adds up all of your medical expenses. If the injuries aren’t too serious, this total is typically multiplied by 1.5 or 2 to determine the amount of your “special damages.” However, if the injuries are severe, the total may be multiplied by 5 or even 10 if the injuries are extremely debilitating. Once the special damages amount is determined, the analyst adds your lost wages to determine the amount of your settlement. You can then often negotiate with the insurance company to obtain a higher settlement. Consequences of a Hit and Run AccidentGenerally speaking, a hit and run is defined as being involved in a car accident (either with a pedestrian, another car, or a fixed object) and then leaving the scene without stopping to identify yourself or render aid to anyone who might need assistance. In most states it doesn’t matter whether you caused the accident or not. The act is committed simply by leaving the scene. If you must leave the scene of an accident to access emergency assistance by going to a nearby hilltop to get a cell phone signal, for example — most states do not consider that to be a hit and run, as long as you return immediately to the accident scene. Most states do not require that the hit and run occur on a highway or public road. Many states extend hit and run laws to cover parking lot collisions. For example, if you back into an unoccupied car in a parking lot and fail to leave a note with your contact information on the windshield, the laws of many states treat this as a hit and run. Criminal Penalties for Leaving the Scene of an AccidentThe criminal penalties for a hit and run vary from state to state. Many states classify the criminal penalties for a hit and run as either felonies or misdemeanors, depending on the circumstances. Felony hit and run is defined by most states as leaving the scene of an accident where there is any type of injury to a person, whether the injured person is a pedestrian or an occupant of a vehicle. The penalties for felony hit and run can be quite severe. Most states impose fines of between $5,000 and $20,000. And there is very real potential for incarceration as punishment for a felony hit and run. Depending on the nature of the accident and the injuries that resulted, in some states a felony hit and run is punishable by up to 15 years in prison. Remember, a hit and run might be classified as a misdemeanor instead of a felony. While the term “misdemeanor” sounds relatively minor to some people, in most states misdemeanors are punishable by a significant fine of up to $5,000 and also by up to one year in jail. In addition to the criminal penalties for hit and run, almost every state imposes administrative penalties related to your driver’s license. These penalties are often imposed through the individual state’s Department of Motor Vehicles. Any conviction for hit and run regardless of whether it’s for a felony or misdemeanor, typically results in an automatic suspension or revocation of your driver’s license for a period of six months or so. In some states the revocation can be as long as three years. Depending on the state, in which you live, and the nature and circumstances of the car accident in which you were involved, the penalty for hit and run may include a lifetime revocation of your driver’s license. These administrative penalties are in addition to any criminal punishment that might be imposed for hit and run. Civil Penalties for Hit and RunIf you have caused the accident, it is possible that another person involved in the crash may sue you in court for the damages they suffered. Such a lawsuit may ask for monetary compensation for medical bills, lost wages, and property damage. Of course, this kind of lawsuit is likely to happen anyway even if you did not commit a hit and run at the scene of the accident, if you are deemed at fault for the car accident. But if you are liable for hit and run on top of having caused the accident, the damages that a court orders you to pay will almost surely be increased. Many states will impose “treble damages” on you. What this means is that any damages awarded to the plaintiff are automatically tripled, mainly to punish the defendant’s bad behavior. For example, if the jury in a civil suit awards the plaintiff $10,000 in damages, the judge will automatically triple that amount to $30,000 because the hit and run amounts to particularly reckless and egregious conduct. In most instances, treble damages of that nature are not covered by your car insurance policy. In other words, you will have to pay that amount out of your own pocket. How Long Do You Have To File A Claim After An Accident?The laws in your state dictate how long you have to report a car accident to your insurance provider. You typically do not have a specific deadline for filing an automobile insurance claim with the other party’s insurance company. However, in no-fault states, you are filing your claim with your insurance agent so that you may have a deadline. You need to review your insurance policy and contact an attorney if you have concerns or questions. Filing an insurance claim is different from filing a lawsuit. Each state has a statute of limitations that restricts the time you have to file a lawsuit for a car accident. Some states have very short deadlines for filing lawsuits. You lose the right to recover compensation for your claim by failing to pursue litigation remedies before the deadline in the statute of limitations expires. Therefore, the best way to protect your right to receive money for an injury claim is to contact an accident Injury lawyer as soon as possible. Your attorney monitors these deadlines so that you do not lose your right to hold the negligent party responsible for the crash liable for your damages. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Much Does Estate Planning Cost? Santaquin Utah Divorce Attorney Can You Refuse A Breathalyzer In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Accident Injury Lawyers Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/accident-injury-lawyers-utah/ Being pulled over on suspicion of driving under the influence (DUI) can be extremely stressful. For many people, this may be their first and only encounter with police as a suspect. You may have questions and doubts about what is happening, and whether what police are telling you is in fact the truth. In any state, police can pull you over if they suspect you of drunk driving or another traffic violation. When doing so, they may investigate you for DUI if they have some reasonable suspicion that you are driving drunk. Police may ask you if you’ve had anything to drink, they may smell alcohol on your breath, and they may perform field sobriety tests to check your coordination, etc. One other tool they frequently use is breathalyzer tests. In some states, breathalyzer results are not used in court as evidence. Those states require blood tests, or improved chemical breath tests. However, in Utah, the portable breath test kits commonly known as “breathalyzers” can often be used as evidence against you. Because of this, Utah’s laws on refusing breath tests are very strict. In Utah, it is an independent crime to refuse a breathalyzer test. For this crime to take effect, you must already be under arrest. If you have not been arrested, police have no right to order you to take a breath test without a warrant. The justification for this law is Utah’s “implied consent” law. Under Utah Code § 41-6a-520, by driving in the State of Utah, you are “considered to have given consent to a chemical test or tests of [your] breath, blood, urine, or oral fluids for the purpose of determining” intoxicated driving. This means that, according to this rule, you have no right to refuse a breath test because you already consented to it. This reasoning is obviously flawed, but is the law. Before you can face any penalties for refusing a breath test, police must warn you about the penalties. This gives you much of the information you need to make an informed decision. Before administering any breath tests, police must warn you of the potential license suspension, driving probation, and ignition interlock penalties associated with a DUI breath test refusal. If they warn you, and you still refuse, you could face the following penalties: These penalties are separate from any DUI penalty, and take effect merely by your refusal, not by a later DUI conviction. After an officer suspects that a person may be driving under the influence of alcohol, illegal drugs, Marijuana, or even prescription medication, they will request that a driver submit to a roadside breath test using a portable device, or to take a blood test at the hospital. Refusal to provide a breath test sample is often an option for a driver in this situation, however it still can have serious penalties if the DUI or DWI test refusal charges are not won or get dismissed in court. The consequences are also just as severe if a driver to refuses to take a blood test to determine if they are under the influence of Marijuana, drugs, or some types of prescription medicine. The DUI offense will apply whether the test refusal was on purpose, or an arrested driver failed to blow into or take the Breathalyzer test properly. When a driver who gets pulled over by police is suspected of DUI, and later has been charged with a refusal offense because of choosing not to take the Breathalyzer or even a blood test, they still may have a strong and valid defense for how to fight and beat the charges. Once a Lawyer can examine the details of the arrest that a driver submits online so as to what took place, the local lawyers who will carefully review the information for defense options for what is best to get out of a DUI test refusal case, will be able to discuss all the ways how they then help fight to dismiss or win against the charge. In order for a driver’s rights not to be violated, the arresting police officer must follow all the newest laws for DUI testing procedure and rules when they ask that a person take a breath or blood test after a DUI/DWI traffic stop, which also sometimes includes asking a driver to take a urine test as well. If after being able to review a driver’s arrest information it is found that the proper test standards were not followed when asking that a driver take a breath or blood test, it may very well be possible to have Breathalyzer or blood test refusal offense thrown out of court for a case dismissal of the charges. This is because the arresting police officers must act in accordance with the latest DUI laws in place for using the Breathalyzer equipment, which also must be working and maintained properly in order for a failure to take a breath test charge stand beyond a reasonable doubt in court. Even in the most complicated or complex cases which a DUI/DWI refusal offense often seems like with the technical nature of most, and the fighting to drop, reduce, or dismiss the charges seems impossible, the local attorney who analyzes a person’s arrest details will be able explore all available options that can often prove successful. The biggest issue for what happens after entering a guilty plea to a DUI or DWI test refusal charge is that a person will then be admitting to the offense which will have the same severe costs and penalties as if a driver had taken the sobriety tests and failed over the limit, which will also result in a permanent criminal record for life. In some arrest scenarios when a driver does not refuse a breath test and blows over .05 BAC on the Breathalyzer test, sometimes they make a costly mistake thinking if they plead guilty, it might help get the case over with faster. When unaware first DUI offense drivers make this assumption, they usually are under the impression that a guilty plea will speed up the inevitable and get a suspended driver’s license back sooner. However it is very important to realize that before deciding to plead guilty to DUI or DWI, whether for a test refusal offense or even blowing over the legal alcohol limit, it’s vital that a person keep a certain facts about what will happen afterwards in mind. After a driver decides to plead guilty and gets convicted of a DUI offense, or refusing the breath or blood test: While a driver who decides to refuse to take a DUI/DWI Breathalyzer or blood test will likely result in an arrest, they still do have rights which could possibly get a dismissal of the charges. A person does have the right to refuse a ‘walk in a straight line, heel to toe’ type of roadside field sobriety test during the traffic or DUI stop. A driver also has the right to know why they have been stopped in the first place, especially when the officer wants a person to go to the police station to take an official Breathalyzer test or to the hospital for a blood test for a suspected DUI or DWI offense. A driver always has the basic right to remain silent and not say or do anything that might incriminate themselves. What this means exactly, is that a person does not have to explain or provide the details of where they came from, or what they did earlier in the day or evening with the officer. Even in the situations when a person has maybe consumed a couple drinks, they do not have to tell the officer what time they had been drinking, what kind of drinks they had, or how many drinks they had before driving. It is a basic rule of thumb that the more a person remains silent after an arrest and less they discuss anything with police until first speaking to a lawyer, the more likely it will be that an attorney can help to fight and beat the case with success. After a driver is going to detained or arrested by an officer, as part of a driver’s constitutional rights, at this time a police officer must inform the person under detainment or arrest that they have the optional right to talk with a lawyer first, before speaking any further with the police officers. Speaking with or getting the help of an arrest review by local DUI and DWI lawyers who specialize in fighting and winning against test refusal offense cases, is the most effective step to take at this point. Just because at first the chances of getting the charges dropped or the case dismissed doesn’t seem high, when it comes to all the often technical defenses available for any type of DUI offense, there is always a strong defense that can help fight the arrest to be made. This is because the local DUI lawyers who examine a person’s arrest details online are experts in this complex field of law, and deal with finding new ways of how to fight to dismiss DUI test refusal cases often. They successfully challenge complicated cases when a driver decides to refuse a breath, blood, or urine test all the time. This is why after first being able to examine a driver’s arrest details online; they will then know exactly what to do next for how to build the strongest defense and fight to get a dismissal of the test refusal or have charges reduced, whenever possible. These are the first things a skilled attorney will look at first after being able to review the arrest of a driver charged with refusing to take the DUI Breathalyzer or blood test: Implied Consent LawsTypically, most states implied consent laws include: Breathalyzer LawyerWhen you need legal help with a DUI or criminal defense lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Personal Injury Law Firm South Jordan Utah Real Estate Lawyer American Fork Utah What Does It Mean To Serve Divorce Papers? Can Credit Repair Remove Bankruptcies? Santaquin Utah Divorce Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Can You Refuse A Breathalyzer In Utah? first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/can-you-refuse-a-breathalyzer-in-utah/ Santaquin is located in Utah County, about seventy miles south of Salt Lake City in a picturesque and beautiful site with a view of Utah Lake and Mount Timpanogos to the north. Originally called Summit City because of its location at the summit dividing line between Utah and Juab valleys, it was settled in late 1851 by pioneers who were helping settle Payson, located about six miles to the north. Abundant water, plenty of fertile land for farming, and abundant groves of trees for firewood, fence posts, and cabin logs made this an ideal place for a community. A friendship developed between local Indian chief Guffich and Benjamin F. Johnson, leader of the original pioneers, which enabled the whites to settle peacefully in the area. By 1853 the settlement had grown sufficiently to become known as Summit Creek Precinct No. 7. Soon after, however, the Walker War broke out, and the settlers were forced to move for safety to Payson, where they remained until 1855. Around this time a fort was built according to plans furnished by architect Truman O. Angell. After its completion, the settlers moved back to the town in the spring of 1856. One night soon after resettlement Chief Guffich came secretly to warn Johnson of an impending raid by young braves, including his son Santaquin. The settlers quickly left, and when the raiders found the fort deserted Chief Guffich explained to them that the white men were good people and that the Great Spirit had warned them of the attack. It was claimed that from that day peace was made between the local Indians and the Mormon pioneers. It was decided to name the town after Guffich, but he declined the honor and asked that the settlement be named “Santaquin” for his son. A rock schoolhouse was built in the fort in 1856. It was stoutly built and served the public for many years, still being used into the 1980s. It was not until 1896 that the first local church building was constructed, religious meetings having been conducted in the school building, which now serves as a senior citizens’ center and a veterans’ memorial hall. In addition to farming, early industries included sawmill, a flour mill, a molasses mill, and a furniture shop. A silk industry was started with the planting of mulberry trees, some of which still remain in the city. Horse and buggy were the only means of transportation available until 1875, at which time the Utah Southern Railroad completed a line to Santaquin. About that time, rich ore was discovered in the Tintic area. Several mines were discovered on Santaquin ridge, or Dry Mountain, with some copper, lead, silver, and zinc being mined; the Union Chief mine was the most prosperous. Following serious flooding in 1949, the Summit Creek Canal and Irrigation Company was given approval to construct a reservoir west of the city; on several occasions it has prevented disastrous damage to the community. A diversion dam was completed and more than 10,000 feet of concrete pipe laid in 1971, which proved to be an efficient method of conserving valuable water resources. Irrigation methods changed to sprinkling systems or drip systems, enabling farmers to efficiently irrigate land that was not level, bringing more farmland into production. Natural gas service was brought to Santaquin in 1954, and marked a major development in the modernization of the community. With the construction of the steel plant at Geneva and the rapid growth in the Provo-Orem area to the north, many fruit farmers relocated to the Santaquin area. Large orchards were planted, replacing wheat fields and pasture land. The construction of huge cold storage facilities for the fruit created many jobs in the community. Another boast to the economy and population came in 1968 with the completion of Interstate 15 through the town. Division of Assets on Annulment of a Marriage in SantaquinWhen a marriage annulment occurs, a court declares that the marriage was never legally valid to begin with. It is a procedure that dissolves a marriage and declares it null and void. The effect of an annulment is to treat the marriage as though it never happened. Annulments are generally granted by a family court judge. In many instances, an annulment is requested by only party involved, although a court is more inclined to grant the annulment when both parties request it. Regardless of who wishes to have the marriage annulled, they will need to bring an annulment action to a family court. If one party disagrees with the action, the court will hold a hearing in order to consider whether there are grounds for an annulment. Grounds for an annulment include: • Fraud or Misrepresentation: This could occur if one party’s consent to being married was obtained by trick, or under false pretenses. An example of this would be if one party falsely tells the other party that they are not married to anyone else. If a person agrees to enter into a marriage solely because of a specific representation made by the other person, and that representation turns out to be false, a court may then grant the annulment. The party seeking the annulment on this basis must prove to the court that if not for the false representation, they would not have entered into the marriage; • Incest, Underage, or Bigamy: If parties are closely related by blood, it may violate their state’s incest laws. Underage annulment occurs when one of the parties were underage at the time of marriage. It may also occur when one of the parties was under the age of consent to be married for their state, and there was no parental consent. Annulment as a result of bigamy results if one of the parties is married to multiple individuals. In such a case, the court would likely rule in favor of a marriage annulment; or • Mental Impairment: In order for a marriage to be considered legal, both parties must have entered into the marriage knowingly and voluntarily. This means both parties must have been fully aware of what they were getting into. Thus, at the time of marriage, if one or both of the parties involved was sufficiently mentally impaired and was not able to knowingly consent to the marriage, an annulment may be granted. Coercion or force also qualifies as grounds for annulment as a person cannot knowingly and voluntarily consent to be married if they have been coerced or threatened into being married. Simply being dissatisfied with the marriage, or wishing it had never happened, is not enough to warrant an annulment. Annulments differ from divorce in that a divorce occurs when a legal marriage is terminated, but the fact remains that the couple was once married. That fact forms each party’s legal obligations, such as alimony or child support. When an annulment is granted, rendering the marriage void, neither party has a legal obligation to each other any longer. The two are very different, and as such, there are differences in the legal property rights and division of assets between the parties. Since an annulment essentially renders a marriage void, there has not actually been a change in the legal status of the property of either party involved. Additionally, as annulments are generally granted a short time after the marriage, it is relatively easy for courts to determine who legally owns what property. Courts responsible for dividing assets in annulment will attempt to try to leave the couple in the same financial state as before the marriage. If the parties did not obtain any marital assets over the course of their marriage, each party will be left with whatever money and property they brought into the marriage. If the marriage is annulled after a longer period of time, the process is more complicated, as the couple likely did obtain shared property or assets during the marriage. In such cases, the court will need to decide how that property is to be divided. This is usually done by tracing the property back to its original purpose and determining which spouse purchased the property. The court will attempt to reach a fair or equitable resolution for both parties by considering the facts and circumstances in each case. A fair resolution for both parties is one that considers the specific needs of each party, including their financial needs. A court may also award temporary alimony and child support to void marriages that have gone on for some time. For example, in cases where one “spouse” depended on the other for financial support, a court may award alimony in order to restore that spouse to the financial position they occupied before the marriage that is being annulled. Child support is granted in order to protect innocent parties from being affected by the decisions of the spouses seeking annulment. Advantages and Disadvantages of Annulment In Santaquin• There is no minimum residence requirement. Unlike divorce, which typically requires a six-month residency before a party can bring forward a petition for dissolution, there is no such requirement in order to be granted an annulment. • If an annulment of marriage is granted under the theory of fraud then grounds may be established to ignore inter-spousal property transactions that took place during the invalid marriage. • Establishing the grounds for an annulment is more difficult than the grounds for divorce. Who Qualifies For An Annulment in SantaquinIn order to secure an annulment, one of the parties must meet qualification criteria. This includes: Santaquin Utah Divorce LawyerWhen you need to get divorced or modify a divorce in Santaquin Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Centerville Utah Divorce Attorney Can I Trademark A Logo On A Shirt? Personal Injury Law Firm South Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Santaquin Utah Divorce Attorney first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/santaquin-utah-divorce-attorney/ A transportation attorney provides counsel and strategic planning in all segments of the transportation industry. Representative industry clients may include motor carriers; the passenger, air, water and rail transportation segments of the transportation and logistics industries; and third-party logistics providers. More specifically, potential clients include private fleets, commercial vessels, airlines (both passenger and commercial), couriers, package, truckload, less-than-truckload, liquid and dry bulk carriers, public transit authorities and the barge and shipping industries. In addition to the direct suppliers, potential transportation clients include the users of such services; i.e., industry insurers, transportation brokers, freight forwarders and the like. Transportation law attorneys must be prepared to provide solutions and legal advice in many areas including: Transportation LawTransportation law is a broad legal field encompassing federal and state transportation statutes. These laws involve transportation infrastructure and all forms of road, railway, water and air transport. Federal Transportation LawCongress is authorized to regulate interstate commerce under the U.S. Constitution. This means that travel between the states is subject to several federal laws and regulations. The U.S. Department of Transportation (DOT) is the umbrella agency for all federal transportation policies and regulations. The DOT’s stated goals are to keep the traveling public safe, increase national mobility, and support the national economy through the transportation system. The DOT oversees several agencies that administer federal statutes for various branches of transportation, including: The U.S. National Transportation Safety Board (NTSB) is an independent federal agency that provides certain safety guidelines and investigates mass transit accidents, such as plane and train crashes. The agency works on major investigations throughout the U.S. and abroad. The NTSB wants information from board investigations to improve transportation safety. That’s why NTSB findings of an accident (like fault or probable cause) generally cannot be used as evidence in court. State Transportation LawStates have the authority to regulate transportation within their boundaries. They use their respective departments of motor vehicles to regulate everyday driving rules. While all states share basic driving rules, such as driving on the right side of the road, there are other differences like: When You Need a Transportation AttorneyThe regulation of who may transport through the air, sea or on land is a separate issue that often necessitates an attorney. How licenses are granted or revoked, for instance, is a common issue. Who do you turn to if your pilot’s license is in jeopardy? What to do if your railroad or trucking access is at stake in a federal hearing? How about if criminal charges come to bear after a transportation law incident? These are all instances when you would want to consult with legal counsel. Therefore, when faced with a legal issue where transportation law applies, you should consult an attorney familiar with these special laws and rules rather than simply hiring a personal injury attorney. Additionally, transportation attorney should be familiar with the many industry-specific laws and regulations that may apply. For all these reasons, be sure to contact a Transportation Law Attorney to better protect your rights in any legal or procedural setting. Federal Regulation Of Trucking CompaniesTruck drivers and trucking companies are regulated by the Federal Motor Carrier Safety Regulations (FMCSR). The main regulations (FMCSR sections) which are important in many 18 wheeler lawsuits are: What Are The Most Common Causes Of Truck Accidents?Many eighteen-wheeler truck accidents are avoidable. Although some accidents may be caused by equipment failure, many are caused by truck driver error. Poor planning, distraction and delayed reaction times by drivers can maim or kill other innocent drivers. Alcohol use, improper prescription drug use, illegal drug use, sleep deprivation, and distraction by using a cellular phone, computer or radio while driving can all lead to accidents. Trucking company employee files, truck driver medical files, cellular phone and email records, driver log books and information from witnesses can help determine if driver error caused a truck wreck. Speeding TrucksWhile the average passenger vehicle weighs 3,000 pounds, 18 wheeler trucks can weigh up to 80,000 pounds. This fact places a special burden on big rig drivers to maintain control of their vehicle at all times and make safety their number one priority. Unfortunately, the pressure on a driver to haul his load as far and as fast as possible may lead him to exceed the posted speed limit, or drive faster than is safe under certain traffic, road and weather conditions. A tractor-trailer driver has the advantage of sitting high up, allowing a greater view than a typical passenger car of any potential traffic and road hazards ahead of the truck. However, as a rule of thumb it takes a semi-truck about one third longer to stop than a car or pickup truck. This makes driver reaction time and the speed of the commercial vehicle critically important. Add driver distraction to excessive speed and the result can be tragic. Rear end collisions, rollovers and jackknife accidents are often caused by excessive speed. Many commercial trucks today have an event data recorder or “black box” with a computer that saves data including speed of the truck prior to the crash. Insurance Coverage For Truck WrecksBecause of the potential for serious injury and death, commercial trucks weighing more than 10,000 pounds are subject to regulation under the Federal Motor Carrier Safety Regulations are required to carry a minimum of $750,000 in insurance coverage. Many carriers choose to purchase a minimum of $1 million in liability insurance and many carriers with multiple trucks will carry an even larger “umbrella” insurance policy. Trucking companies that carry commercial passengers are required to carry greater amounts of insurance. Truckers that carry hazardous materials must have one million or five million dollars in insurance coverage depending on the type of material carried. Lawyers and investigators for the truck company’s insurance company will begin gathering evidence immediately after an accident to protect their financial interest by shifting the blame for the crash onto some other person, including the victim. Insurance coverage issues in a commercial truck accident case can be complicated. To protect your rights and strengthen your claim, you need an attorney to begin gathering evidence favorable to your case as soon after the wreck as possible. An attorney can help insure that all available insurance is pursued to help you receive the largest recovery for your claim. How Do Insurance Companies And Adjusters Operate?Usually, after an accident, while you are receiving treatment for your injuries, the party at fault in the accident will notify their insurance company. You also may contact your own insurance company in order to take advantage of any coverage they will need to provide, including the uninsured motorist protection (UM/UIM) and personal injury protection (PIP) coverage mentioned previously. The adjusters and investigators for the insurance company have lots of experience and they understand the importance of immediately investigating and processing accident claims. Understand that the other person’s insurance company has no obligation to inform you of your legal rights. All insurance companies employ very experienced adjusters and defense attorneys, who sole responsibility is to protect the financial interests of the insurance company. Insurance companies are mainly in business to make money, not to pay claims. The less they pay out in accident claims, the greater their profit. What to Do When You Have Been in an AccidentFirst, do not let anyone pressure you, threaten you, or intimidate you into making a quick decision or signing any type of document. It is very common for insurance adjuster to try to get you to sign away your rights quickly. If you do this, you will regret it later. Second, document your injuries and the accident itself. Gather all medical records, accident reports, witness statements and contact information in a folder. Take photographs of the accident scene and your injuries as soon as possible and keep them with your file. As the old saying goes “a picture is worth a thousand words” and documenting your claim with photographs is worth thousands of dollars in helping you win a fair settlement or verdict for your accident. Third, get as much information as you can about the personal injury claim process. Discussing your case with an attorney that handles truck accidents on a regular basis and getting a “no obligation” evaluation of the strengths and weaknesses of your claim is also important. Who is Liable for a Truck Accident?Determining liability for the cause of a truck accident is often a complex process that can involve multiple parties, such as the: Transportation Lawyer In UtahWhen you need legal help from a transportation attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Centerville Utah Divorce Attorney Real Estate Lawyer Alpine Utah Can A Chapter 7 Trustee Sell My House? Personal Injury Law Firm South Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Transportation Attorneys first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/transportation-attorneys/ |
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