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Lake Charles Legal Issues Blog

Laws may not stop personal injury incidents due to distraction

Across the country, many states have implemented laws that are supposed to discourage drivers from operating a vehicle while distracted. Despite these laws, people continue to use their phones, and distracted driving continues to be a leading cause of car accidents in Louisiana and everywhere else. It is not clear if legislation can have a meaningful impact on the rate of personal injury incidents due to distraction.

For many drivers, the temptation of looking at a phone is impossible to resist. Whether it's a text notification, looking at Facebook or reading an email, taking the eyes of the road for even a second or two can result in devastating consequences. There is significant danger when a driver is inattentive, yet people may have a false sense of security because of state distracted driving laws. 

What happens when a person dies without a will?

After a loved one passes away, you may find yourself with more things to take care of than you anticipated. You may need to settle that persons estate, which can include things like closing accounts, selling the house and figuring out what is going to happen to his or her stuff. This is not an easy process, and it can be even more complicated if that person did not have a will.

When a person dies without having a will, state laws will determine what is going to happen to the estate. This is passing away intestate, which is passing away with no valid will. Even in the intestate process, you and other beneficiaries will have to go through the probate process to finalize the estate. If you are facing this process, you will find it beneficial to secure legal help as you try and protect your interests and those of the estate. 

Residential real estate considerations when buying a condo

There are many homebuyers in Louisiana who prefer housing options besides a single family home, such as a condo. If a person is thinking about buying a condo, there are specific things he or she may want to consider before moving forward. Any type of residential real estate transaction has the potential to be complex, and there are specific issues that are sometimes unique to buying a condo.

Condos are a popular option for buyers for many reasons. Condo residents don't have to worry about lawn maintenance, but they have more space than available in many apartments. One important factor for many potential condo buyers to consider is how their financing could potentially be affected if they are not buying a traditional home. Knowing this beforehand can help a buyer avoid possible problems during the loan process. 

Potential problems with commercial real estate transactions

When a business buys a building or rents a space for company needs, there are particular legal and financial issues that have the potential to cause serious trouble in the future. It is worthwhile for any Louisiana company to do its due diligence in order to avoid problems with any type of commercial real estate transaction. It is beneficial to do this before finalizing the transaction, as it is often more difficult to address complications after the process is final.

Whether its before the purchase agreement is final or before signing a commercial lease, there are things a business will want to consider before committing completely. Some of these things include possible defects with the property, easements that could affect future use, zoning issues and possible environmental problems that could be costly or complicated to address. Some of these issues could be grounds to renegotiate the purchase or lease contract.

Personal injury incidents and distracted teen drivers

When a teen is finally old enough to get behind the wheel of a car and drive himself or herself places, it can be a time of great excitement and independence. Louisiana parents may also rejoice at the fact that they no longer have to shuttle their kids from place to place. This is a big step, and it is one that comes with an immense amount of responsibility. Parents should work carefully to teach their kids well in hope of reducing personal injury incidents involving distracted teen drivers.

Distracted driving is a problem for all age groups, but it is a particular concern for younger drivers. They are more prone to driving recklessly and making poor choices because of inexperience. One thing that parents can do is to limit their child's driving freedom, such as driving at night, on the interstate or with other teens in the car. Parents should work from the very beginning to teach and encourage safe driving. 

Reducing personal injury incidents due to distracted teen drivers

Teen drivers often have a reputation for making poor choices behind the wheel. As Louisiana readers know, younger drivers are more prone to reckless behavior and choices that result from inexperience. In many cases, teens are more likely than other demographics to engage in distracted driving. It's important to educate young drivers and promote safety in order to reduce personal injury incidents caused by distracted driving.

Parents can do a lot to help their children understand the importance of safety behind the wheel. One way to prevent distracted driving is to have kids turn on their cellphones' automatic responses while driving. This makes it less likely that they will check their phones and that they will feel compelled to respond to a text. There are also apps, such as one called Hum by Verizon, that can track acceleration, braking and other behaviors so that parents can see what their kids are doing while driving.

Do you need to take legal action over a breach of contract?

Dealing with any type of business dispute can cause headaches and other problems within a company. The responsibility of handling such issues may fall to you, and you undoubtedly do not want to make any mistakes when it comes to protecting the company from unfavorable outcomes.

One major issue that can affect businesses is breach of contract. Though contracts can act as safeguards for deals and business relationships, the parties involved do not always stick to the agreements. As a result, you could find yourself in a tough spot because the other party violated the terms of the contract.

Commercial litigation that could change the way Uber operates

Louisiana readers have likely either called for a ride from a company like Uber or knows someone who did. Rideshare companies are quite popular, but Uber, one of the biggest, is currently facing commercial litigation due to the way it classifies its employees. This issue is hotly debated, and thanks to a recently filed civil suit, the company will have a chance to defend its practices in court.

Employee classification is important. It affects whether workers get overtime and whether they are eligible for a minimum wage. In another state, a recently passed bill would require the company to reclassify drivers, therefore making them eligible for certain benefits. The company maintains that it should not have to reclassifiy drivers, which the company currently categorizes as contractors rather than employees.

Avoiding personal injury incidents involving pedestrians

When a person is walking to work, running for exercise or simply heading to his or her car, he or she is vulnerable, even if it does not seem like it. In reality, a person who is in the vicinity of moving vehicles could be at risk of an accident. Personal injury incidents involving Louisiana pedestrians often result in grave injuries or even death as people outside of the vehicle are much more vulnerable to injuries.

Pedestrian accidents are particularly common in an age of distracted driving. Drivers are often looking at their phones, adjusting the radio or even inputting a location in their GPS instead of paying attention to the road. Unfortunately, pedestrians are often the ones who have to pay the price. Drivers can significantly reduce their chance of an accident by being attentive, careful and free from all distracting things, particularly phones. 

Personal injury incidents due to running red lights on the rise

When a Louisiana driver is reckless or dangerous behind the wheel, it can cause accidents and result in injuries or even death. Reckless driving includes behaviors such as distracted driving, driving while intoxicated and speeding. It also includes driving through red lights, which is a type of problem that is actually on the rise. According to a study from AAA, personal injury incidents at intersections are a growing concern. 

Statistics indicate that people running through red lights is at an all-time high, and the numbers could continue to rise. In 2017, the more recent year from which definitive data is available, 939 people died in accidents caused by red-light runners. That represents almost a 30% increase in the number of these accidents in just a five-year period.