Are laws that require drivers to use a Hands Free device for talking on a cell phone making a difference? The state of California and 4 other states thinks so. Effective today, July 1, 2008 if you are driving in the state of California, and want to talk on a wireless phone, you must use a handheld wireless telephone, (according to Vehicle Code (VC) §23123). It is interesting to note that this law affects drivers 18 years of age and older. Drivers that are younger than 18 years of age are not allowed to drive using hand held devices or talk on a wireless phone at all.

California joins four other states, New York, Connecticut, New Jersey, and Washington), the District of Columbia and the Virgin Islands in the ban of driving while talking on handheld cell phones. Some may say that about texting while driving, only 4 states have stepped up to the plate and passed laws on banning texting while driving, they include: Alaska, Minnesota, New Jersey and Washington. Several other states have pending legislation on the ban of texting while driving.

Since we are a Florida Law firm, I asked one of our Attorneys, Mark A. Greenberg, his perspective on the impact of hand held cell phones and car accident cases he has handled. He informed me that he has seen accident cases, where the defendant lied about using a cell phone while driving. After getting telephone records, Attorney Mark Greenberg, was able to show that the defendant was on the phone at the time of the accident. It does not pay to lie about things like this, because a Plaintiff's Attorney can get the phone records to determine if a defendant is lying about the use of the cell phone and a car accident. The distraction of a phone call, can cause someone to not pay attention to the road and cause an unfortunate injury to an innocent car accident victim. The Insurance Information Institute cites the following statistics on their site about dangers of driver inattention: An April 2006 study found that almost 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds of the event. The study, was a joint study between the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute.

In a conversation with the Executive Director of the Dori Slosberg Foundation, Tara Kirschner. I found that the foundation is 100% in favor of making hands free devices a requirement for Florida drivers. Sun Sentinel writer John Kennedy commented in an article that legislation banning the use of cell phones for all drivers was proposed in Florida five years ago, but failed with legislators due to the belief that they would be too much government interference.

However, according to an article in the LA Times, by Myron Levin, a hands free cell phone law, may not make the roads safer. He quotes Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, as saying "There’s a common misperception that hands-free phones are safer when the research clearly suggests that they they’re both equally risky”. I find this interesting that Mr. Goodwin and other scientists would say that hands-free laws could actually make things worse by encouraging drivers to make more or longer calls. I must state for the record that I find this statement a bit of a stretch, I am sure that a lot of people will agree.

Indeed, federal highway safety officials drafted a letter from then-Transportation Secretary Norman Y. Mineta to the nation’s governors in 2003 to warn against laws like California’s that allow hands-free calling. For reasons never fully explained, the letter was neither signed by Mineta nor sent. According to the bluntly worded letter, obtained by The Times, “overwhelmingly, research worldwide indicates that both hand-held and hands-free phones increase the risk of a crash.” 

Back in 2003, supposedly there was a smoking gun letter from the Secretary of Transportation warning against laws that promote the use of hands-free calling. According to the reporters at the Times, they came across a letter that was neither signed nor sent that stated, “overwhelmingly, research worldwide indicates that both hand-held and hands-free phones increase the risk of a crash". I will let you form your own conclusion about this piece of evidence.

If you are a Florida driver, and find the need to use a cell phone while driving, please be careful and respectful of others on the roadway. Here are a few tips that you can follow to make your drive a safer experience for everyone from the American Automobile Association (AAA)

Familiarize yourself with the features of your cell phone before you get behind the wheel.

Use the cell phone only when absolutely necessary.

Keep converstions short - especially in heavy traffic or bad weather.

Tell the person that you are speaking with that you are driving. 

Do not have emotional or heated conversations while driving.

Do not engage in multiple distracting activities such as talking on your cell phone while driving, eating and tending to a child.

Use a hands free device and secure your phone in the car.

Exercise caution while using a cell phone and using a cell phone. Think Safety First and about operating your vehicle safely while sharing the roadway with others. If you must use your cell phone while driving, do so with caution.

If you have been involved in an automobile accident claim in Atlanta, Georgia, and the accident was not your fault, you can seek to have your car repaired by the insurance company for the at-fault driver. There are many things, however, to be aware of. First and foremost, the insurance adjustor for the other driver is not in the business of giving you the most that they can. Whether it is for repairs on a damaged vehicle or replacement value for a totaled car, the opposing adjustor will try to minimize what you will finally receive as compensation. This is the same for any car accident in the state of Georgia, city of Atlanta, or even surrounding areas such as Alpharetta, Georgia and Marietta, Georgia. The law firm of Howe and Associates has processed numerous property damage claims.

Diminished Value

If your car is not a total loss and it will be repaired, you are entitled to a diminished value claim. This will be a matter for you, as the injured party, to raise to the opposing insurance company. Diminished Value, "aka diminution in value", is the compensation you are entitled to receive as a result of the decrease in value your car suffers from being involved in an automobile accident. When you finally sell your car, the eventual buyer will be able to determine if it had been in an accident by accessing a national database and matching it to your car's Vehicle Identification Number (VIN Number). Cars that have been in an accident are naturally worth less. In the State of Georgia you have a legal right to be compensated for the diminished, or lost value and it is up to you to make sure you are. For example, if you eventually sold your car to a dealer in Marietta, Georgia, that dealer would be able to tell immediately whether or not your car had ever been involved in a crash.

Rental Car

You are entitled to compensation for a rental car to be used for transportation while your damaged vehicle is being repaired. Often, insurance companies will have a policy in which they will reimburse you for the rental car payments you incurred rather than utilizing a direct bill with the rental car company. In Alpharetta, Georgia, rental car reimbursement for a situation involving an auto accident claim, the average reimbursement is $25 per day. If the opposing insurance company stalls in providing this rental coverage, then you should contact your own automobile insurance agent to obtain a rental car if you have this coverage on your own insurance policy. If your insurance company pays for the rental, they will usually be reimbursed by the negligent driver's insurance company.

Repairs for your vehicle

It is important for you to make sure your car is being properly repaired. There are many good repair shops in the Marietta, Alpharetta, and Atlanta, Georgia areas and you can insist to have your car repaired by a reputable mechanic and body shop. Be sure to insist that the body shop that repairs your vehicle use original equipment manufacturer parts (OEM Parts) rather than used parts. These used parts are sometimes referred to as aftermarket parts. These are much cheaper than OEM Parts and, while they save the other insurance company money, you car will suffer a decrease in value. 

Issues for Totaled Cars

It is usually up to the opposing insurance company to determine if your vehicle will be ruled a "total loss". If they do, it is important for you to do your homework in order to get the best deal. You can use Kelly Blue Book Value, NADA book value, or you can do your own investigations to determine what other comparable vehicles are selling for in your area. In the Atlanta, Georgia area, there are many sources to compare used car values.

Laws in New Jersey

At our blog, we receive many questions about the law in New Jersey, and how it relates to them and their potential case. First, it is important to select a legal professional that is both licensed to practice law in our state. Attorneys who have a large amount of experience in our area, or who exclusively handle cases here are the best choice. Depending on your specific type of case, there are usually several law offices that specialize in, or have experience dealing with similar circumstances. Experience is the most important factor when hiring a professional to help you with your case.

The vast majority of cases that are handled in any state are not the type that is commonly portrayed in television. Real world cases that receive the most media attention are also an extreme minority. The vast majority of cases are very short and simple; many are resolved before ever stepping foot into the courtroom. Experienced legal professionals know how to keep the process as short and simple as possible, while still getting the maximum amount in compensation. We never recommend handing a case on your own unless you are a practicing attorney. People who represent themselves have a significantly reduced chance for success.

One of the most common types of cases in our state are divorce proceedings. These types of cases can be extremely emotional for all parties involved. To ensure that the process goes as smoothly as possible, knowing your rights and being represented by a professional are of the utmost importance. When children are involved, these cases become much more complicated. Many law firms exclusively handle these types of cases, and they tend to be very good at doing so. They can help prepare you for what to expect, and make a case to the judge on your behalf.

It is an unfortunate fact of life that the medical professionals that we entrust with our lives often make serious mistakes. When this occurs, the consequences can be devastating. Serious injury and even loss of life can be caused by something as seemingly harmless as prescribing the wrong medication. People are often prescribed medications that react in a negative way when taken together. Surgical errors are also quite common simply because of the nature of the work. These operations are highly complex, and it is easy to make a mistake. Receiving compensation is imperative to ensure your quality of life is upheld.

Both private and commercial property owners have a duty to keep their area safe for all those who might enter. Maintain safe working conditions are also a chief priority. When they fail to do so, and a person is injured or has property damaged as a result, they are responsible for paying compensation to the victims. Slipping and falling is the most common cause of injury in these types of cases. Business owners are required by law to mark wet areas on the floor, and do their best to keep customers out of those areas. We can answer any questions that you might have about the law in New Jersey.

Digital Discovery – Why Aren’t Far more Regulation Businesses Having It

As the engineering age creeps on us and forces us reevaluate our specific life inside every thing that we do, the identical can be mentioned for how legal professionals teach. Associates who comprise been tied in the direction of their pen and paper shows are at this time staying faced with a phenomenon that contains begun in direction of select up rate considering that the early 90’s- Digital Discovery Requests.

Within the overall coach of legislation, opposing counsels will request for applicable and appropriate facts towards every other down below the aegis of comprehensive disclosure. Yet what takes place Whilst this articles is contained upon anyone’s pc, extra especially an e-mail, term record, or even an excel spreadsheet? Specifically, several attorneys do NOT recognize what towards do.

This is the place the market practitioners of the marketplace of digital discovery appear into Room. This sort of consultants and technologists aid attorneys and businesses just about every working day with their digital discovery necessities. Against helping with drafting correct discovery requests, in the direction of assisting the corporation comprehend how towards offer with digital discovery stores in the direction of procedure their content, it certainly is a rising business within this working day and age.

Consequently why is it that countless legislation enterprises are not up in direction of rate upon this area of teach. For innumerable enterprises, there is no need nonetheless in the direction of embrace this technologies. Yet that will big difference within just the around long term as further opposing counsels levy digital discovery requests versus them towards meet up with. Courts are commencing towards will need corporations in the direction of electronically record briefs and other courtroom papers.

As by yourself can watch, the felony course of action will commitment by itself toward go well with the digital discovery marketplace. Applicable information resides upon cellular telephones, PDA’s, personal computers and even voice mailboxes. Individuals are all discoverable less than the federal laws of regulation. Legal professionals will need to have toward grow to be proficient as nicely as guaranteed in just their knowing of this refreshing sector. The pen and paper dinosaur will nonetheless be there, however inside get for him in direction of endure, he and his members will need to have towards adapt, and not be therefore scared of this contemporary planet. Differently, they can be wanting at extinction.

Web Design for Law Firms

Web designs for law firms must look professional, crisp and concise. When people are looking for law firms online, they get influenced by what they see. The web design of your law firm must give a great first impression. The layout of the website, the colours used, the navigation and most of all the quality of information provided speaks volume about your work. Therefore, you cannot overlook this aspect of your business. Thus, you must hire professionals who create web design for law firms. These people are experts in creating graphic designs, user interface, quality content and optimisation to give you a professional website that rightly represents your work.

For the law firm, the web design is one best way you can take control on how the practice is been represented online. Contacting the website design specialist for execution of the law firm design task also allows people responsible for overseeing job to set ideas or pieces of media, which are possible to connect with the potential clients. Making use of video on the law firm web site has now become more and more popular among one that hope to break from stiffness or unapproachable nature linked with the stale text bios or staged photo ads. Combination of the video and sound possible with the law company website design construction makes opportunities for the web video productions for varying nature. There are some law companies that may use the website for placement of the video where partners and practicing lawyers are interviewed about the job.

Going in complete detail about why the attorney chose the profession of particular law firm will help to portray these individuals in positive light to the clients who are visiting web site. The videos that are produced in the interview fashion with subjects dressed down – maybe business casual – also breaks some barriers often expressed as the unattractive from the potential customers that looked elsewhere for the service. The law firms that actually portray themselves as powerful and results driven come off intimidating and unapproachable. The law firm website design job with the informal video production that are included helps in connecting viewer with one represented on the website.

It’s very important – for the consumers to get the right impression of services being rendered – these details, quality and layout of the website design mirrors an ambience of the firm and passive nature and formality of the work environment.

Live Law

Political Parties and Supreme Court PIO defying the orders passed by CIC -

Jagjit Singh filed an RTI application to find out if the vehicles being used in the Supreme Court are following its own direction, which banned usage of tinted glass in all vehicles. Singh’s RTI also sought information about the cars in order to know about compliance of various norms by the Supreme Court.

On 26th April, 2013 the Central Information Commission (CIC) gave an order in favour of Singh and asked Supreme Court’s Public Information Officer (PIO) to furnish the following information to Singh:

i) The list of cars in use in the Supreme Court at the time of the RTI application excluding the details of the cars allotted to the judges, the list to mention the make and number of the car;

ii) The total kilometers each car had run in the preceding one year as per the log book of each;

iii) The total maintenance cost of each car, if separately available. If not, the total maintenance cost of the cars during this period;

iv) The attested photocopy of the pollution check certificates for all the cars, separately, duly masking the identity of the judges, if their names appear on the certificates;

v) The details of those cars originally fitted with tinted glasses or in which, the glasses had been coated with film to make it tinted, including the cost incurred on such conversion;

vi) The list of cars from which the tinted glass, if any, or the film, if any, coated on the glass later had been removed and the cost incurred on that, if this information is available in a recorded form;

vii) The list of cars which continue to have tinted glasses or film coating as on the date of the RTI application.

However, the PIO of the Supreme Court has chosen to blatantly disregard the statutory order of the CIC, and has not even bothered to get a stay order from a Court.

Former Central Information Commissioner, Shailesh Gandhi speaking to Live Law said, “CIC does not have the practical means of enforcing the order. When powerful institutions like the Apex Court and political parties gang up and choose to defy the order, there is nothing much CIC can do. None of them have obtained stay order on the decision of the CIC; they are effectively ignoring to enforce the order and are in contempt of court.”

Similarly, CIC in its recent order dated 3rd June 2013, had ruled that political parties which are substantially financed by the Central government are held to be public authorities under Section 2(h) of the RTI Act. The commission then directed the presidents and general secretaries of the six political parties to designate CPIOs and the Appellate Authorities at their headquarters in six weeks’ time i.e. 15th July 2013. The CPIOs so appointed were required to respond to the RTI applications extracted in the order. The deadline of 16th July, 2013 is over and our political parties are a far cry from complying with the provisions of mandatory proactive disclosure of the order. None of them have appointed PIO’s or disclosed any details of their working on their respective websites.

Political parties are now contemplating to amend the RTI Act, 2005 to ensure that they do not come under the scrutiny of RTI Act.

Commenting on this, Gandhi told Live Law, “Since all political parties unanimously believe that the CIC order is bad in law, instead of amending the RTI Act, they should approach the appellate Court. The only reason I can think of, for them not to approach the Court is that they are lying and in fact, they believe that the order is legally sound. Attempting to directly amend the RTI Act only because these parties cannot be inconvenienced is an extraordinarily bad option.”

Gandhi added, “There must be a mutual agreement to obey the law and powerful institutions must respect the law. Their tendency (Supreme Court and the political parties) to defy the orders of CIC is wrong. It is not in the interest of the democracy. When powerful institutions openly flout the law, everybody will follow and there will be a total breakdown of the law of the country. I really hope they take corrective action otherwise we are headed in Pakistan’s direction.