Fremont Immigration And Personal Injury Law Blog

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.

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.

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The Law Offices of Derek Lim

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