Fremont Immigration And Personal Injury Law Blog

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.

Trump administration seeks to introduce immigration bill

Many people in California are deeply concerned about changes to immigration law proposed by the Trump administration. According to reports, the administration has drafted a 620-page immigration reform bill and secured 10 Republican senators to introduce the legislation.

Reports indicate that the proposed bill reflects statements earlier in the year by Trump and son-in-law/adviser Jared Kushner about what they called a "merit-based" immigration system. Details of the proposals have not yet been released; although, Kushner reportedly said that people should read the details of the bill to understand it properly.

Trucking safety regulations face federal rollback

Drivers in California may have even more reasons to be wary on the roads if the federal Department of Transportation (DOT) moves forward with reported plans to roll back regulations limiting truckers' hours of service. Truck driver fatigue is linked to an increase in truck accidents, which can be especially devastating to others on the road. Because of the size and weight of large trucks, the occupants of smaller passenger vehicles are far more likely to suffer catastrophic injuries or even fatalities in a crash.

Nevertheless, the trucking industry is lauding the Trump administration for its willingness to allow truckers to drive for even more hours in one run. Under current restrictions, truck drivers can operate their vehicles for 11 hours in a 14-hour shift. They then must wait 10 hours before beginning a shift again. Drivers who violate these regulations could be taken out of service for the day as a result, losing out on pay. The regulations aim to increase roadway safety, given the link between drowsy truck drivers and severe truck crashes. Trucking collisions have already been on the rise. In 2017, there were 4,237 deadly accidents linked to large trucks and 344,000 crashes that caused injuries. These numbers mark a 10% increase over the previous year.

Understanding liability after tour bus accidents

When passenger vehicles are involved in collisions, only a handful of people are usually affected by the incident. Because of this, it can be fairly easy to attribute fault and identify the most likely causes of the collision. In this way, damages can be settled fairly among the parties.

However, when a tour bus is involved in an accident, dozens of paying customers can become seriously injured. This may mean that the injured passengers see it appropriate to sue the tour bus company.

Digital assets and estate planning

One of the legal solutions available to California residents who want to ensure that their digital assets are managed according to their wishes after death is the Revised Uniform Fiduciary Access to Digital Assets Act. It permits individuals to give a designated fiduciary the legal authority to access and manage their digital assets if they unexpectedly become incapacitated or if they die. This type of authority can be granted using a power of attorney, trust or will.

There are also some digital providers who have begun to provide ways for individuals to specify authorized users. One provider offers a tool that can individuals can use to authorize someone to have access to their account information if they become unable to do so themselves or if they die. Another provider offers a similar tool that give users the ability to choose someone to be their "legacy contact," a person to assume control of the account after the user dies.

House DREAM Act would help many undocumented immigrants

California participants in the Deferred Action for Childhood Arrivals program could benefit from legislation passed in the House of Representatives, but the Senate is unlikely to approve it. The Dream and Promise Act of 2019 received votes from all 230 Democrats and seven Republicans.

The immigration bill would help undocumented immigrants brought to the country as children become permanently legal and get access to federal student aid. It would also help immigrants covered under Temporary Protection Status and Liberian immigrants in the Deferred Enforced Departure Program get permanent residency. In all cases, applicants would need to fulfill certain conditions. For example, people brought into the country as children would need to have worked a full-time job for at least three years, served in the military or have two years of a college education. There are other requirements as well, such as needing to have lived in the United States for the previous four years. Other requirements would apply to TPS and DED recipients, including no felony convictions. Furthermore, it would become more difficult to remove countries from the TPS designation.

Tesla autopilot feature may create dangers

Consumer Reports tested Tesla's autopilot navigation technology and said the feature raises safety concerns. Navigate on Autopilot, which was first released by Tesla during 2018, created new risks for drivers and performed worse than humans. California motorists should be aware of the risks that some new motor vehicle safety technologies create. The Navigate on Autopilot feature must be turned on by the driver to be functional. When it's on, the vehicle will automatically switch between traffic lanes.

According to Consumer Reports, the technology caused a Tesla to cut off other vehicles on the road and illegally passed other vehicles. The driver had to stop the technology because it was making poor decisions, it was found. The senior director of auto testing with Consumer Reports said monitoring the lane changing system is more difficult than simply changing lanes. He compared it to monitoring a young person driving for the first time.

Common mistakes in estate planning

There are a number of common mistakes people in California may make regarding estate planning, including assuming that they do not need to make a will at all. Some people may think they have too few assets to bother with a will, but even if their assets are modest, it is likely they have preferences about which family members will receive them. Furthermore, wills have other uses. People may use them to pass on personal items of little financial value, to appoint guardians for their minor children or to specify the type of funeral they want.

Some people may think they do not need to update their estate plan because they have not divorced or had more children. However, there are other reasons estate plans may need to be reviewed and updated. People who create an estate plan when they are younger may name a parent or someone near their own age as executor. However, as people get older, they might need to name someone likely to still be alive and to have the capacity to handle the administration. Tax laws may also have changed since an estate plan was made.

Know how to create an estate plan, and do it right away

Most adults take the time to plan for the future, but they might not plan for what will happen when they pass away. Failing to take the time to create an estate plan can mean that California laws stipulate who is going to get what from your estate. The intestate laws take over when there isn't an estate plan in place.

There are several things that you have to think about when you are getting ready to create your estate plan. It is imperative that you don't make mistakes that can be costly to your heirs or that might mean that settling the estate takes longer than it should.

Marijuana could impact immigration status

California residents may have the right to work for companies that produce or sell marijuana products. However, if those individuals are not currently citizens, working in the legal marijuana industry could complicate the process of becoming a naturalized citizen. According to the U.S. Citizenship and Immigration Services (USICS), those who are involved with marijuana may be considered to lack good moral character. This is because marijuana is still a controlled substance under federal law.

Under the USICS guidance, the use of marijuana for medical or recreational purposes could also make it difficult to become a naturalized citizen. According to a member of the Drug Policy Alliance, the new policy is nothing more than a way to lash out against immigrants. He said that the policy was akin to building a wall between the United States and Mexico.

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