Fremont Immigration And Personal Injury Law Blog

Truck deaths rise, efforts to mandate truck safety tech stall

In 2017, a total of 4,102 people in California and across the U.S. died in large truck crashes. The majority, 68%, were occupants of passenger vehicles while truck occupants made up 17% of the fatalities. This number represents a 28% increase from the number of truck crash fatalities in 2009. It's an alarming trend, and numerous safety groups have been pushing for new safety tech on commercial trucks as a way to combat it.

For example, forward crash avoidance and mitigation systems are proven to help prevent rear-end collisions, many of which are caused by distracted or drowsy truckers. On at least 10 occasions since the 1990s, the National Transportation Safety Board has petitioned the National Highway Traffic Safety Administration to create a regulation that would mandate these systems on all heavy trucks. Yet the NHTSA has not come up with a proposal for such a rule.

Understanding E1 and E2 visa requirements

If you are currently applying for a visa so that you can live and work in the United States, you will know that often the legal jargon and complex requirements can be overwhelming. If you are already in the U.S., you may worry that there is a risk of deportation if you do not get the appropriate visas. You may also be concerned about how your family, especially your young children, could be affected by this.

If you are seeking to gain an E1 or E2 visa, make sure that you understand the difference between the two, and that you have a clear understanding of the requirements. The following is an overview of both E1 and E2 visas.

H-1B visas are becoming increasingly difficult to obtain

Employers in California and around the country are finding it increasingly difficult to hire highly skilled foreign workers through the H-1B visa program. The program was put into place to ensure that American companies are able to fill positions that require specialized skills or knowledge when suitably qualified candidates cannot be found locally. In 2015, only 6% of H-1B visa applications were denied. That figure has since grown to 24% according to the National Foundation for American Policy.

Obtaining an H-1B visa started to get more difficult shortly after President Trump signed the 'Buy American and Hire American" executive order in April 2017. Denial rates are now three times higher than they were at any time between 2010 and 2015. Employers in the technology sector are finding it especially difficult to secure H-1B visas for foreign workers, which has led many experts to conclude that the Trump administration is singling the field out.

"Public charge" change blocked by injunction

A Trump administration immigration policy change that troubled many people in California has been blocked by a federal judge. The national injunction stopped the administration's attempts to redefine "public charge," the term used to describe immigrants who may be denied permanent residence out of a belief that they might be dependent on government support. The changed rule was scheduled to go into effect in mid-October 2019, and experts say that around 500,000 documented immigrants legally present in the country could have been affected by the change. It would have affected people applying to become green card holders, legal permanent residents in the country.

While the administration said that the change was necessary due to rising costs associated with immigrants in poverty, many others criticized the proposal, saying that it blocked people doing their best to support their families and build a future in the United States. Furthermore, they argued that the rule change would put health and safety at risk as people would avoid applying for necessary supportive programs in order to avoid the penalties associated with a public charge designation. Sparked by these concerns, many lawsuits were filed by states and cities as well as immigration advocacy groups in an attempt to block the rule.

Fall weather driving tips

Summer has officially ended, which means fall's unpredictable weather patterns are about to begin. However, by following a few simple safety tips, California drivers can avoid seasonal road hazards and stay safe this autumn.

Fall features shorter days, patches of bright sun and heavy rain, sun glare, sudden temperature changes, frost, fog and leaves. There are also more cars and pedestrians on the road due to back-to-school traffic and more deer wandering across roads at night in some parts of the country, all of which increase the risk of accidents.

Who pays your medical bills after a personal injury accident?

Many Californians suffer personal injuries every day. Examples of these personal injuries include dog bites, slips-and-falls, car accidents and fatal accidents. You may face physical, emotional and financial burdens after such an accident. If you sustained an injury due to someone's negligence, you might seek compensation.

Drunk drivers kill an estimated 10,000 each year

Every 48 minutes in California and across the United States, an individual dies in a car accident caused by a drunken driver. Though drunk driving death rates have decreased over the past 30 years, alcohol still plays a factor in the deaths of over 10,000 people each year on the road.

Alcohol often plays a role in motor vehicle accidents because it impairs thinking, reduces brain function and slows muscle coordination and reasoning. When an individual drinks alcohol, it absorbs directly through the walls of the small intestine and stomach. From there, it goes straight into the bloodstream, where it accumulates until the liver processes it. It takes an hour for the average person's liver to process 10 grams of alcohol. This is the equivalent of one small drink. The remaining alcohol builds up in the bloodstream.

Citizenship changes for military kids spark concerns

The Trump administration has issued more changes to regulations dealing with immigration and citizenship, raising concerns among many in California. These concerns have been intensified because the changes relate primarily to the kids of members of the U.S. military or government workers serving overseas. In the past, children born to these individuals would automatically acquire citizenship. Their time with their parents, while physically outside the country, was considered U.S. residency for citizenship purposes. Under the new rule, announced by U.S. Citizenship and Immigration Services (USCIS), these children's citizenship would no longer be automatic. Their parents would have to engage in additional procedures to secure citizenship for their children.

Critics of the Trump administration and immigration advocates sharply criticized the rule change, noting that it primarily affects people who are already working to serve their country abroad. In addition, many worry that this is an attempt to impair birthright citizenship, a bedrock principle of U.S. immigration law embedded in the 14th Amendment to the Constitution. However, the Trump administration said that the change would only affect a small number of individuals.

Trump administration wins minor victory in immigration case

The Trump administration won a minor legal victory on Aug. 16 when a federal appeals court ruled that a previously issued nationwide injunction should only apply to California and Arizona. The injunction was granted in July by the U.S. District Court for the Northern District of California to prevent the implementation of a controversial immigration policy that would require immigrants hoping to be granted asylum in the United States to make their petitions in the first safe country they entered.

The Ninth Circuit Court of Appeals made its decision after determining that the lower court had not established why such a sweeping injunction was needed. The evidence submitted by immigration advocacy groups supporting the injunction failed to convince the court that nationwide action was warranted. However, the panel of appeals judges did not lift the injunction completely because they were unconvinced that the government's argument was strong enough to prevail. The administration asked the court for a stay pending the outcome of the appeal.

How liability cases are tried in California

California consumer protection laws allow an individual to take action against the manufacturer of a defective or harmful product. State law requires that an individual file a personal injury claim before two years after the accident takes place. The plaintiff has three years to file a property damage claim. A statute of repose may be in effect if property damage or bodily injury was caused by an improvement to real property.

A comparative fault standard is used in personal injury and product liability cases in the state of California. This means that a victim could obtain damages even if he or she was partially to blame for causing an accident to happen. It is also important to mention that the state uses the economic loss rule when determining what types of damages a person is entitled to. There are a couple of defenses that a defendant could use in a product liability case.

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