Jachimowicz Law GroupFindLaw IM Template2024-03-27T17:07:00Zhttps://www.jachlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1401413/2019/12/cropped-favicon-32x32.jpgOn Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531472024-03-27T17:07:00Z2024-03-27T17:07:00ZFailure to yield
Cyclist fatalities reached 966 and injuries hit 41,615 during traffic accidents in 2021. One of the primary causes of bicycle crashes is the failure of motorists to yield to cyclists. This often occurs at intersections or when making turns. Drivers may not see cyclists or may underestimate their speed, leading to collisions.
Dooring accidents
Dooring accidents happen when a driver suddenly opens the door if they are parked in the path of an oncoming cyclist. This can cause severe injuries, especially if the cyclist travels at high speed or if there is heavy traffic.
Distracted driving
Distracted driving, such as texting or talking on the phone, can pose serious risks to cyclists. These drivers may not notice cyclists or may drift into bike lanes.
Unsafe passing
Unsafe passing occurs when motorists pass cyclists without giving them enough space. This can lead to sideswiping or forcing cyclists off the road. Drivers need to leave a safe distance when passing cyclists.
Poor road conditions
Poor road conditions, such as potholes, uneven surfaces or debris, can contribute to bicycle crashes. Cyclists may lose control of their bikes or swerve unexpectedly to avoid obstacles.
Lack of visibility
Cyclists should wear bright clothing and use lights or reflective gear, especially at night or in low-light conditions. Drivers should remain vigilant, particularly in areas with limited visibility.
Speeding
Speeding, whether by cyclists or motorists, can significantly increase the severity of crashes. Cyclists should always obey speed limits and adjust their speed according to road and weather conditions to avoid accidents.
Cyclist safety is the duty of both motor vehicle drivers and cyclists on the road.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531452024-03-27T17:02:22Z2024-03-27T17:02:22ZSpotting the checkpoint
Motor vehicle incidents involving alcohol killed 13,384 people in 2021. Statistics like these have encouraged the federal government and the State of California to legalize DUI checkpoints. You can find these checkpoints in areas with a history of drunk driving incidents or during times when alcohol-related accidents are more likely, such as holidays or weekends. Cones, signs or flashing lights make these checkpoints easily noticeable to drivers.
Approaching the checkpoint
As you approach a DUI checkpoint, you will see police officers directing traffic. They may signal you to stop or direct you to a specific lane. An officer will approach your car and ask you some questions about where you came from and if you drank any alcohol. Remain polite and cooperative during this interaction.
The officer will likely ask to see your driver’s license, vehicle registration and proof of insurance. Make sure you have these documents readily available, and hand them over when requested.
Sobriety tests
If the officer suspects that you may be driving under the influence, they may ask you to perform field sobriety tests. These tests typically involve tasks like walking in a straight line or standing on one leg to assess your coordination and balance.
If the officer has reasonable suspicion to believe that you are under the influence, they may ask you to take a breathalyzer test to measure your blood alcohol concentration. Refusing to take this test can result in legal consequences, such as license suspension.
To protect yourself, avoid drinking and driving. Instead, call for a ride or designate a driver before you begin imbibing.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531432024-03-26T01:41:54Z2024-03-27T01:40:44ZA protected right
When a court calls individuals for jury duty, their employers must allow them time off to serve. It is illegal for an employer to threaten an employee with termination or take any adverse action against them.
They also cannot deny workers' requests for time off for jury duty. Employers who retaliate against employees for serving may be subject to fines and other penalties.
Jury duty payment
Employers do not have to pay workers when they are serving jury duty. Employees may opt to take paid time off or vacation time if their employer allows. However, employers cannot require them to use their paid time off or vacation for jury duty.
The state will pay individuals who serve more than one day. Starting on day two of service, they will receive $15 per day and a mileage or transportation reimbursement.
It is important for employees to notify their employers as soon as they receive a jury duty summons to allow the employer to make necessary arrangements to cover their absence. Employers may require employees to provide proof of their jury duty summons, such as a copy of the summons or a certificate of attendance from the court.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531402024-03-15T15:08:13Z2024-03-15T15:08:13ZPenalties
California law states that the limit for blood alcohol concentration is 0.08%. If you have a BAC at or above this limit while operating a vehicle, you could face severe penalties, especially if it is your second offense. The court takes repeat offenses more seriously and may give harsher consequences.
Penalties for a second DUI conviction may include:
Misdemeanor probation for three to five years
Fines of $390 up to nearly $2000
Second-offender DUI school that is 18-30 months in length
Ignition Interlock Device installed for one year
Jail Time from 96 hours to a maximum sentence of one year
Consequences can vary depending on the details of your case.
Potential defenses
While facing a second DUI charge can be daunting, you still have the right to defend yourself. Several potential defenses may apply to your case. You can challenge the validity of the traffic stop or arrest procedure. You can question the accuracy and reliability of the field sobriety tests. You may be able to prove that you were not driving under the influence or show that the arresting officer did not follow the correct procedures. Your defense depends on the specifics of your case.
Facing a second DUI charge in California can have serious consequences, making it essential to know your rights and options.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531352024-03-08T22:50:36Z2024-03-12T21:50:29ZRecognizing whiplash
Whiplash injuries most commonly occur in car accidents when the vehicle becomes struck from behind, causing the neck to rapidly move in a whip-like motion. The sudden force can stretch and damage the muscles, tendons and ligaments in the neck, leading to whiplash. It is important to note that whiplash can occur even in low-speed collisions.
The symptoms of whiplash may not always be immediately apparent and can vary in severity. Common symptoms include neck pain and stiffness, headaches, shoulder and upper back pain and dizziness or fatigue. Unfortunately, many people continue to suffer from whiplash and other injuries. The Centers for Disease Control and Prevention says that more than 2.1 million people received treatment in emergency departments for traffic accident injuries during 2020.
Dealing with whiplash
Proper treatment of whiplash is vital for recovery and to prevent long-term complications. Allow the neck to rest and avoid activities that may aggravate the injury. Apply ice packs to reduce swelling and pain in the first few days after the injury. Afterward, heat therapy can help relax the muscles. Over-the-counter pain medications can help alleviate discomfort and reduce inflammation.
Remember to seek medical attention if you experience persistent or worsening symptoms. Drive safely and always wear a seatbelt to reduce the risk of car accident injuries like whiplash.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531382024-03-11T19:14:41Z2024-03-12T19:14:35ZOverall scene
Begin by taking shots of the accident scene. Capture images from various angles to show how the vehicles, road conditions and any relevant signage or landmarks. Photograph skid marks on the road and debris scattered around the accident scene. These details can provide insights into the speed and direction of the vehicles involved, aiding in accident reconstruction.
Capture nearby traffic signals, stop signs or any other relevant signage. These images can help determine obedience to traffic laws and who had the right of way. Take photographs depicting the weather and lighting conditions at the time of the accident. Include shots of the sky, visibility levels and any environmental factors that may have contributed to the incident.
Vehicles
Get photos of the damage sustained by each vehicle involved. Take close-up shots of dents, scratches and other visible impairments. Capture all sides of the vehicles involved. Then, photograph the license plates of all vehicles involved.
Injuries
In 2022, motor vehicle crashes killed 42,795 people, according to the NHTSA, and many thousands more received injuries during these incidents. After an accident, document any visible injuries sustained by drivers, passengers or pedestrians.
Witnesses and emergency personnel
If possible, capture images of witnesses, emergency responders and law enforcement officers at the scene. These photos can help establish the presence of witnesses and the timely response of emergency services.
Your photographs can give investigators an overall understanding of the accident and its outcomes. This evidence can also help you with your insurance claims and legal challenges.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531332024-02-27T22:25:35Z2024-02-27T22:25:35ZEligibility criteria
To qualify for PFL, you must contribute to the State Disability Insurance program through payroll deductions. Additionally, you must be working or actively seeking employment at the time you apply. This program is available to part-time, full-time and temporary employees.
Approved leave
PFL provides eligible employees with paid time off in various situations, including:
bonding with a new child
caring for a seriously ill family member
addressing needs related to an immediate family member's military service, such as spending time together before deployment
Recognizing the diverse needs of families, the program aims to provide support during pivotal life moments.
Duration and compensation
You can receive benefit payments for up to eight weeks within a 12-month period. If eligible, you will receive partial wage replacement, ensuring financial stability during your absence. Factors such as your earnings determine compensation amounts.
Application steps
Initiating a PFL claim involves a straightforward process. Begin by completing the required forms, including the Claim for Paid Family Leave Benefits form (DE 2501F). Ensure all information is accurate and submit the application promptly to avoid delays.
Coordination with other benefits
PFL can complement the Family and Medical Leave Act and the California Family Rights Act. Leveraging multiple resources offers more comprehensive support. For example, PFL provides necessary financial assistance, but it does not guarantee job security. When you combine the benefits with job-protected leaves, you gain peace of mind that your position will be waiting for you upon your return.
Stay up-to-date on the details of the PFL program to help you effectively manage the demands of work and family life.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531312024-02-26T20:10:21Z2024-02-27T20:10:15Z1. Keep detailed records
Document discriminatory incidents without delay. Record specific details surrounding the incidents. Be sure to note the date, time, location and people involved. Make a point, too, to note any witnesses present. Describe the discriminatory actions in clear terms without exaggeration or personal opinions. These detailed records serve as evidence of the events. They can also provide valuable support if needed later on.
2. Save relevant communications
Save any emails, memos or other written communications related to the discrimination. This includes discriminatory remarks. It also includes offensive jokes or derogatory comments made by colleagues or supervisors. Keep copies of performance evaluations and job assignments that may indicate unequal treatment based on protected characteristics. Storing these communications helps build a comprehensive case of discrimination.
3. Seek support and documentation
Seek support from trusted colleagues or human resources personnel after experiencing discrimination in the workplace. Informing HR about the situation and requesting help in addressing the issue can be beneficial. During meetings or discussions about the matter, ask for written summaries or follow-up emails to document the conversation and any proposed resolutions. Having multiple sources of documentation strengthens a case.
According to CNBC, 91% of U.S. employees experience discrimination during their careers. Accurate documentation of discriminatory incidents protects employee rights. It also promotes a more respectful and inclusive work environment.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531292024-02-26T20:08:15Z2024-02-27T20:08:08ZLaws, visibility and parked cars
Obeying traffic signals, signs and rules of the road is essential for safe cycling in urban areas. Cyclists should ride in the same direction as traffic, yield to pedestrians and use hand signals to indicate turns and stops. Making yourself visible to drivers and pedestrians helps prevent accidents in urban areas. Use front and rear lights, reflective gear, and bright clothing to increase your visibility, especially in low-light conditions or heavy traffic.
Be cautious when riding near parked cars to avoid dooring accidents. Give parked cars a wide berth, ride at a safe distance from the curb and scan for signs of movement or open doors to anticipate potential hazards. Unfortunately, the Centers for Disease Control and Prevention states that bike accidents leave more than 130,000 people hurt on an annual basis.
Alertness, bike paths and distractions
Urban environments can be busy and unpredictable, requiring cyclists to stay vigilant and attentive to their surroundings. Watch for pedestrians, other cyclists, vehicles and potential hazards like potholes, debris or construction zones. Whenever possible, ride in designated bike lanes or paths to separate yourself from vehicular traffic and reduce the risk of accidents. Follow designated bike routes and avoid riding on sidewalks, where conflicts with pedestrians can occur.
Just like drivers, cyclists should avoid distractions such as texting, talking on the phone or listening to music while riding. Keep your focus on the road and maintain both hands on the handlebars. Remember, safety is a shared responsibility that requires cooperation and awareness from all road users to create a safer environment for everyone.]]>On Behalf of Jachimowicz Law Grouphttps://www.jachlawgroup.com/?p=531272024-02-10T19:31:33Z2024-02-17T19:30:13ZVariables on sobriety
One key aspect is the variability in individual sobriety. While blood alcohol concentration tests provide numerical data, factors such as metabolism, body weight and tolerance levels can significantly affect an individual's impairment level. What may seem like a clear-cut case based solely on BAC levels might not accurately reflect the defendant's level of impairment at the time of the incident.
Testing procedures
Moreover, the reliability of BAC testing procedures can be questionable. Breath test machines, for instance, require proper calibration and operation by law enforcement personnel. Failure to adhere to these protocols can compromise the accuracy of test results.
Additionally, external factors such as environmental conditions or medical conditions of the defendant may influence test outcomes. These can cast doubt on the prosecution's evidence.
Probable cause
Establishing probable cause for a DUI stop is another area of contention. Law enforcement officers must have reasonable suspicion to pull over a vehicle. Any deviation from legal procedures can lead to questions regarding the validity of the stop. Without proper justification, evidence obtained during the stop may be inadmissible in court, weakening the prosecution's case.
Defense strategies
Furthermore, defendants can challenge the prosecution's evidence, present alternative explanations for observed behavior and question the reliability of witness testimony. Skilled strategies can create uncertainty in what initially appeared to be a straightforward case.
These complexities make clear the importance of thorough examination and due process in DUI cases.]]>