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Risk Factors for Truck Driving

Posted by on May 5, 2019 in Car Accidents | 0 comments

There are few things that are more intimidating than driving next to an eighteen-wheeler on the highway. Commercial trucks are massive, with the largest ones weighing in at 33,000 pounds! Compared to the average sedan weighing roughly 3,000 pounds, it’s not hard to see why these behemoths can make some people nervous. Although the majority of journeys made by truckers go smoothly, there are a few different things that could lead to an accident on the road.

For starters, truckers tend to drive for prolonged periods of time. Usually, they drive in shifts, where they have a fourteen-hour “driving window” in which they can drive for 11 hours. Luckily, this window is only open after they have been off-duty for 10 consecutive hours. Once they start driving, the window does not close, even if they take a break to eat or rest. Additionally, truck drivers are required to take a thirty minute break after eight hours of driving.

Finally, truckers cannot drive for more than 70 hours during a period of eight consecutive days, or 60 hours during seven consecutive days if the company does not operate vehicles every day of the week. Some trucks have sleeper-berths for the truckers to rest in, and those truckers follow a different set of rules. Still, they have specific guidelines on how long they can drive during a shift, and how long those shifts can be. These safety measures work to ensure the safety of the driver, the truck, its contents, and of course, other people on the road! Even the best driver will be significantly impaired if he or she drives without ample resting time. Pair that with a truck that can be over ten times the size of the other cars on the road and you have a recipe for disaster.

Distance also plays a major factor here. Let’s say the average highway speed limit is 70 mph. A trucker driving for eight hours at that speed limit covers around 560 miles during his or her shift. Even after taking the break required by law, many truckers drive upwards of 700 miles during their shifts. This is a long distance for even the most experienced trucker, and the added monotony of driving can lead to accidents.

When factored together, the size of the truck, the hours driven, and the distance undertaken by the driver all contribute to a growing problem. Vehicular accidents are no laughing matter, especially when the number of large trucks that were involved in fatal crashes increased in between 2016 and 2017. There were 4,657 large trucks involved in fatal crashes in 2017, up from 4,251 in 2016. In the case of an accident involving a commercial truck, firms such as the Hammack Law Firm specialize in how to proceed. Firms that specialize in both injury and auto law can be lifelines to someone who has been injured due to a collision with a commercial truck.

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Getting a Handle on Hidden Assets in a Divorce

Posted by on Dec 22, 2018 in Familiy Law | 0 comments

There’s a nightmare scenario that sometimes really does come up in divorces: the relationship between the two former partners has become so ugly, one partner takes it upon themselves to punish the other by hiding assets. How can this happen? Why does this happen? What can you do to stop it? It’s a complicated topic, but it’s important to address it if for no other reason than to relieve you of any future fears. Thankfully, a recent blog post from Adams Law Firm has covered this exact topic.

To begin with, we need to understand why a former spouse would hide assets, other than just spite. The Adams Law Firm points to several motives:

  • An attempt to lower net worth to gain a larger share of marital assets and a lower share of marital debt
  • An attempt to deny their former spouse a large enough stake in their interests to threaten control
  • A desire to keep assets that are difficult to replace
  • An attempt to lower the amount of alimony or child support owed
  • An attempt to hide financial proof of infidelity

These are the most likely reasons, but of course, there may be others. In the end, the reason isn’t what is important. The most important thing is to rediscover those assets to make sure you aren’t cheated in your divorce.

Discovery will likely require significant effort, unfortunately, unless your former spouse happens to be very sloppy. You will likely have to take legal action that allows for the legal discovery process, in which your lawyer can demand financial documents that can then be sent out to experts to look for the hidden assets. These experts are called forensic accountants. They can look through financial records to find the inconsistencies that prove assets are being hidden.

In the divorce process, you don’t have to provide conclusive evidence of hidden assets. Instead, you just need to provide enough evidence that the judge tends to doubt your spouse’s honesty. They can then take steps to financially penalize your spouse in the final divorce agreement.

The biggest difficulty in this process is detecting the hiding in the first place. If you are not in charge of your family accounts, it will be harder to catch your spouse moving property or money into a hiding place to protect them against their legal obligations.

The lesson from this, then, is to keep a sharp eye on finances and your spouse’s behavior in the time leading up to your divorce. If you have any suspicion that your spouse has been cheating you out of assets, make sure you find a lawyer that is willing to put in the extra effort to track down these hidden assets to make sure you aren’t the one left paying.

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My Upcoming Road Trip

Posted by on Feb 23, 2018 in Open Container Laws | 0 comments

I am planning a road trip with some friends, and I am so excited! It’s going to be a bachelor’s party trip before my buddy gets married, and our mission is to have as much fun as we safely can. We’re going to leave from Texas and drive through the coastal states heading east, all the way to Georgia. From there, we’re going to take I-95 northbound and end up at the groom’s beach house in South Carolina. I’ve never been to Myrtle Beach before, but I hear it’s one of the best beaches on the East Coast. It should be a great time! Luckily, everyone who is going has known each other for a long time, and most of us were roommates at some point in college. We’ve got all the stops planned out, and I’ve already made a bunch of playlists with my favorite tunes.

Texas is such a large state; it’s going to take us nearly four hours to reach the Louisiana border. Once we get into Louisiana, we’re planning on driving to New Orleans and staying there for the night. I’ve been to The Big Easy once before, so I don’t think I’ll be doing anything too crazy. Besides, we’ll have to wake up and keep driving the next morning if we’re going to make it to the beach house in time.

After we leave New Orleans, we’re going to drive seven more hours to Atlanta. If we stop in Mississippi or Alabama, it’s only going to be for a bathroom break. There isn’t much that we want to see in those states, but it is interesting that Mississippi doesn’t have any open container laws. It’s even legal to drink and drive in the state, as long as your blood alcohol content is below 0.08 percent. Unfortunately for them, it comes at a price. My understanding is that the federal government withholds federal funding for highways in Mississippi because they refuse to ban drinking and driving. Good thing we only have to drive through the southern tip of the state. We shouldn’t be on those roads for longer than an hour and thirty minutes.

I’ve heard good things about Atlanta, and I can’t wait to spend a night out on the town. I looked up their drinking laws, and they are less strict than Texas, but not nearly as laid back as New Orleans or Mississippi. For instance, you can buy liquor on Sundays, but you can’t walk down the streets with an open beverage. That’s okay with me! After driving all day, I’m planning on taking a rideshare service to my destination and walking around.

It’s a little less than six hours from Atlanta to Myrtle Beach, and then I’ll finally get to relax. I found a helpful site for open container laws in South Carolina, and I’m confident we won’t have any problems with the law. It’s going to be a trip to remember. I just hope no one gets sick, and we don’t have any issues with the car.

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Landscaping After a Storm

Posted by on Nov 1, 2017 in Landscaping | 0 comments

In the case of a violent windstorm, power outage, rainstorm, man-made incident, and/or even a natural disaster, there will be more than likely always be a post-storm cleanup.  

Trees that were, for a long time, believed to be sturdy in the ground and would only be uprooted as an act of god, are now three-quarters of the way out of the ground.  According to this good landscaping company, a trained professional will be able to safely move these trees and, if requested, plant news trees that you and your loving family can watch grow, year by year, into big and strong trees.  

If you happen to have any form of a picnic table outside, chances are that table is now broken and/or badly damaged without the strong possibility of repairing it.  Whether or not this table was near a tree or another reasonably tall and sturdy structure, this table has probably shattered into a bunch of tiny pieces.

If the table was glass, there’s a good chance that the table shattered and you’re going to need to be careful disposing of all of the sharp glass.  It would probably be best to keep any and all small children and four-legged friends in the house while you clean this up.  

If the table was wood, there’s a strong chance that pieces of the table have split and splintered and are now all over the ground.  Like with the glass table, it would be wise to keep all animals and children inside the house and away from this scene until the problem can be rectified.

In both situations, it is important that the person picking up and disposing of the glass or the wood be sure to wear proper gloves when picking up these broken shards.  Broken glass can be very dangerous.  If it gets below your skin because of broken skin from a cut, it will be absorbed into the body and become part of the body’s core temperature.  The longer than the glass is in there the harder it will be to retrieve.  However, on a slightly easier note, if a splinter of wood gets under the skin, the body will luckily, in a matter of a few days, push the piece of wood out of the body.

If you have a swimming pool, hot tub, or something of that description, this body of water will probably need to be heavily cleaned of all of the debris that has blown and/or fallen into it.  This debris could range from leaves, twigs and even tree branches all the way to partially broken yard furniture and/or pool toys that have blown into the pool.  

For safety’s sake, be careful when pulling these items from the pool as they are much heavier now that they have been soaked in water for a sizeable amount of time.  

However, if you do not feel comfortable with any of the above-listed activities, which is completely fine by the way, there is no shame in calling a service to remove damaged debris and other such damaged property for you.  Just tell them what you would like to happen, and they will do it, from dragging away the damaged areas and rectifying what’s left.  

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Can Hypnotherapy Really Help Me With Mental Health?

Posted by on Sep 19, 2017 in Hypnosis | 0 comments

Common Mental Health Issues Addressed by Hypnotherapy

Hypnosis is a form a sustained, focused concentration that allows someone to process information differently than they would in a fully awake state. Hypnosis can help those who have post-traumatic stress disorder (PTSD), anxiety, and depression. Many successful, famous people such as Sir Winston Churchill, Julia Roberts, Tiger Woods have reported great success with hypnotherapy.

How does hypnosis help those with mental illnesses?

A hypnotherapy method is to use hypnosis with guided imagery. For a PTSD patient, A therapist might use the image or concept of a movie screen to help he/she visualize a movie screen where they can project their anxiety and memories onto their mental movie screen. The therapist will help the patient counter unpleasant memories by working with them to create pleasant thoughts or images to project onto their screen. They can use this strategy outside of therapy sessions whenever a panic or anxiety attack occurs.  

With depression, hypnotherapy seeks to get a patient into a state of deep relaxation where they can discuss feelings and emotion without raising stress levels. Hypnotherapy can reduce or help control feelings of anxiety and identify behaviors that are making depression or anxiety worse such as nicotine, drug, and alcohol use.

Hypnotherapy can help anxiety by addressing physical strain, sleeping problems, and phobias. As an anxious person, you may find it difficult to believe that you can relax enough for hypnosis to be effective but your subconscious and conscious mind are always listening and present. If you consciously want to be helped, you will be. If you don’t believe in hypnotherapy, you won’t receive the benefits from it. In 2011, Swedish researchers used high-resolution eye-tracking methodology and presented a set of scientifically confirmed eye-tracking tasks that trigger automatic eye behavior. Results showed that the glazed stare had measurable changes in automatic, reflexive eye behavior that could not be imitated by non-hypnotized participants.

Hypnosis isn’t about mind control. It’s about you and your therapist working together to change feelings and beliefs that preventing you from living your best life.

What are benefits/what can you expect from hypnotherapy?

Hypnotherapy helps treat mental illnesses by entering the subconscious mind, instead of just treating symptoms of the conscious mind. Clinical hypnotherapy seeks to resolve the unfinished business of the mind by going down to the deepest level of traumatic experiences. Once a patient’s traumatic experience is fully understood and released, fearful and negative thoughts are gradually replaced with positive, encouraging ones.

Other scientifically-backed benefits of hypnotherapy include:

  • Overcoming childhood issues and uncovering buried memories
  • Deeper sleep—unlike sleeping pills, hypnosis has no side effects
  • Easing IBS symptoms
  • Ending hot flashes caused by menopause
  • Pain management—particularly related to arthritis, fibromyalgia, and cancer

It has been said that medication treats symptoms while hypnosis treats causes. Remember: Only agree to undergo hypnotherapy treatment with a licensed mental health professional. The best way to ensure that you are properly treated by a knowledgeable hypnotherapist is to look for an individual with training from a reputable institution, like the American Society of Clinical Hypnosis.

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Pennsylvania Left Shocked by Horse and Buggy Accident

Posted by on Aug 4, 2017 in Personal Injury | 0 comments

Horses and buggies are often viewed as a form of transportation of a bygone era. In most places across the country, these vehicles are less a form of true transportation than a novelty for tourists or special occasions. Nonetheless, in Pennsylvania, horses and buggies are still relatively common in certain areas, due to several Amish communities which reside in the state. These individuals commonly use horses as their primary and only form of transportation, which can be rather startling for other drivers on the road. Although all the rules of the road should remain the same, other drivers may be unsure of how to react to a horse and carriage, and they may not take appropriate safety precautions to avoid accidents. Unfortunately, as car accidents commonly involve any other vehicle on the road, horse and buggy accidents also occur.

U.S. News recently reported on a fatal accident, involving a car and a horse and buggy, that occurred in August of 2017. A car, in Henderson Township, rear-ended the buggy and then proceeded to hit and a parked car and plow into the front of a nearby building. When medical professional arrived on the scene, the buggy’s driver was pronounced dead, and the other passenger in the buggy was rushed to the hospital with critical injuries. Additionally, the driver in the parked car was also taken to the hospital for moderate injuries. No information has been released regarding the driver who caused the accident; however, an investigation will no doubt be soon to follow this tragic event.

Although this accident seems abnormal on the surface, it also indicates a very serious problem that anyone on the road faces. No matter the vehicle you are driving, you are at risk of a serious accident at all times on the road. Even though we do not know the specifics of what caused this accident, it seems possible, if not likely, that the driver was impaired in some way, which caused them to hit three different objects in their path. Perhaps they were distracted by a text, looking at a map, fell asleep at the wheel, or were intoxicated, when this accident occurred. No matter the circumstances, this driver injured two people and killed another, due to their reckless and careless driving.

Car accidents are unfortunately common across the country, whether you are in a car, walking across the road, or driving a horse and buggy. They can have horrifying results that may affect a person and their loved ones for the rest of their lives. The individuals involved in this Pennsylvania accident are not only facing physical damage, but they must also endure emotional pain and financial loss after this accident. Although the emotional damage will only heal with time, these individuals and their family members may begin to handle the financial losses with the help of a personal injury lawyer. Through a skilled lawsuit, they can receive monetary compensation so that this accident does not have a devastating financial effect on their lives.

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How To Avoid Car Accidents

Posted by on May 25, 2016 in Car Accidents | 0 comments

Car accidents can happen all the time. Figures released by the Association for Safe International Road Travel (ASIRT), a non-profit organization, revealed that close to 1.3 million people die in road crashes yearly and 3,287 daily. While you may be after safety when driving your car, accidents can still happen. According to the website of Mazin & Associates Law Firm, car accidents can have serious and long lasting physical and emotional repercussions.

Getting involved in a car accident can bring a lot of hassle. Opting to run away from the scene of the accident can only make matters worst as you could be charged for “hit and run.” You can do your part in avoiding car accidents by following these simple tips:

1. Keep your eyes on the road

Your focus when driving through traffic should be on the road. As much as possible, don’t entertain any distractions. If you need to answer a call or send a text, stop and pull over to one corner and not on the road.

2. Don’t drink and drive at the same time

Driving while intoxicated is one of the most common reasons for car accidents. Not only are you increasing the possibility of car accident but also the prospect of spending jail time. Driving and alcohol do not mix so if you need to drive, wait until the effect of alcohol has died down before you do or have someone drive the car for you.

3. Follow required speed limit

Speed limits are designed for the safety of drivers and they are not meant to be broken. Driving too fast can only increase the risk of accidents. Let us say that a child run in front and you were going above the desired speed limit, would you have enough time to stop and avoid hitting the child.

4. Follow road rules

Being a law abiding citizen is one of the best ways you can prevent a car accident from happening. Traffic rules were put in place for a reason so obey them and maintain your clean driving record.

5. Ignore aggressive drivers

Some motorists drive as though they are the king of the road. They cut corners, blow their horns, take your lane and others. Never allow yourself to be bullied by them. The important thing is to keep your cool.

These are just some pointers that you can bear in mind when driving. Keeping tabs on these tips can help you stay away from car accidents and keep yourself from being a statistic.

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Laws Regarding Bankruptcy

Posted by on Jan 20, 2016 in Bankruptcy | 0 comments

As state laws vary, each state has their own laws aim to protect the debtors’ properties from creditors and the bankruptcy trustee when a bankruptcy claim is filed in court. The state of North Carolina also has its own set of laws regarding bankruptcy, and according to state laws, debtors are legally protected for up to US$35,000 worth of equity in their primary place of residence. Marriage can also affect your exemption rate, such as when you and your spouse file a joint bankruptcy claim you can double your exemption equity protection for your home. This is referred as the homestead exemption, but there are a lot more that can offer you protection.

A Congress-passed legislation called the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) provided a bankruptcy means test to see whether you will or will not qualify for a Chapter 7 bankruptcy. This means test is aimed to filter out those who have expendable income to pay for some of their unsecured debts to move to a Chapter 13 bankruptcy rather than have Chapter 7 clear all of their unsecured debts. In the state of North Carolina, the means test will become effective if you earn more than enough for an average-sized family according to your state rules; this will lead to your last 6 months of earnings being run through the test. If you have a significant amount of income left, you might not qualify for a Chapter 7 bankruptcy and you’ll be moved to a Chapter 13. If your leftover disposable income is very little you might qualify for Chapter 7 and you will be automatically qualified if you earn less than the average family (of your size) based on the standards of the state of North Carolina.

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How to Recover from Spinal Cord Injuries

Posted by on Nov 21, 2015 in Personal Injury | 0 comments

Injuries sustained in vehicle accidents have life-altering potential. Regrettably, spinal cord injuries are common when two cars going at high speeds collide. Right after the mishap, there are surgical procedures and rehabilitation alternatives that will minimize the changes on an existence subsequent to the collision.

A Houston personal injury lawyer would probably have seen how these injuries may include interruptions to the transfer of nerve signals throughout the back, ripping of vertebrae tissue, or broken bones. Injury can result in pain, complete paralysis or incomplete paralysis.

Following the collision and once at the emergency room, physicians can perform traction, surgery, or an experimental therapy. Something that is intruding the area is removed by operations, alleviate pressure on the spinal column, or blend the bones that have been damaged. Traction is nonsurgical; this procedure is applied in situations when the spine has to be strengthened, and has moved from position. Lastly, as a result of a growth in knowledge on spinal-cord injuries, some doctors can offer experimental remedies that are thought to produce gains that are favorable.

Post-operation, there are lots of rehabilitation options which help someone recover. Physical therapy, occupational therapy, speech pathology, studying tactics to manage pain, and diets are a few measurements of rehabilitation. The objective of rehabilitation is for folks to keep ordinary physical features subsequent to the injury. You’ll find groups of men and women prepared to aid whatever area your harm is affecting if it is language, upper extremities, lower extremities, or attitude.

You may be eligible for monetary settlement in case you have sustained any injury in the fault of another.

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Chapter 7 Eligibility

Posted by on May 25, 2015 in Money | 0 comments

Not everyone can file for Chapter 7 in Texas even if they are drowning in debt. If you are eligible for Chapter 7, then it means you are not capable of restructuring it as you would under Chapter 13 even if you wanted to so that you can still meet your obligations. As determined by the means test, your income will simply not cover all your monthly payments without sacrificing your basic needs. In some cases, however, it could simply mean that you are unnecessarily spending more than what you earn, and this can make you ineligible. For Chapter 7 eligibility, you have to meet certain conditions.

The Means Test

According to the website of Gagnon, Peacock & Vereeke PC, the means test for Chapter 7 only applies to people who have income that is over the median income for the applicable household size but are still unable to meet their debts. You can do this by applying a little organization and math. You need to get your current and future monthly income and expenses from your financial records.

Your income will include but not limited to your wages, business income, dividends, money from pension and retirement plans, and unemployment income. Your expenses will include only those that will recur over the next 60 months, legally required (such as child support) and essential for health and welfare. It should not include expenses for the purchase of luxury items such as designer clothing and recreational vehicles.

Once you have gotten all the information, subtract expenses from your income. If you come up with less than $7,475, then you pass the means test and are eligible for Chapter 7.

Median Income

On the other hand, you will not need to pass the means test under specific circumstances. One is when your annual income is less than the median income in Texas for your size household. For example, the median income for a two-member household is $56,296.00. If you live with one other person and your combined household income is $50,000, you will not have to take the means test.

Others

You are also exempt from the means test if you are a disabled veteran, if you are on active duty as a military reservist or National Guard, or what you owe are primarily non-consumer debts. These are not cut-and-dried conditions however, so consult your attorney before doing anything.

If you believe you are eligible for Chapter 7, you can find out for sure. Your lawyer can better explain the details for these exceptions as they apply in your particular situation. Find a reputable bankruptcy lawyer in your area and get started.

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