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Archive for February, 2009
Hands Free Talking, While Better, May Still Be Unsafe
It had to happen – hands free cell phones as a way to communicate while driving. In some ways this is a good development, in others, well, there is still some doubt about how safe talking on a cell phone (hands free or not) is while driving.
Not all cell phone use is simply talking. Many cell phones act like a computer in the car with graphics, games and videos capable of distracting even the otherwise safest of drivers. The hands free Blue Tooth cell phone applications are making things much easier to talk to others when in transit from one place to another. “While this certainly does have it advantages, it is still distracting for drivers,” pointed out Lance Sharp of The Sharp Law Firm in Austin, Texas.
Sharp and his partner, Laura Sharp, have over 40 years combined legal experience in various areas of the law, and they definitely understand the ramifications of car crashes as a result of talking on cell phones. “It was once just talking on the cell phone while driving that was a problem, now it’s a whole array of other distractions like downloading maps, checking email, surfing the Internet, and playing games,” said Sharp. Add to this mixture the dashboard mini TV, movie screen or GPS location device and the recipe for a disaster in the making just got more complex.
Hands free is certainly a step up from trying to hold the cell phone in hand and drive at the same time. However this doesn’t seem to stop those who don’t want to spend the money for a hands free model; and who are trying to juggle things. Police on patrol have reported witnessing motorists trying to drive with their knees while talking on a cell phone and checking out their appearance in the vanity mirror.
While the hands free is touted as a wonderful solution to cell phone users causing accidents, it is still a distraction. Remember a driver’s main task is to drive safely. Those who multi-task while driving and try to use things like a fax and hunt up a map at the same time as talking are not driving optionally, even if both hands are free.
The accident statistics are high enough as it is without the added variation of hands free cell phone use causing collisions. It’s not that far fetched to think accidents will still happen as a great many people tend to slow down abruptly with no warning while they are driving and on the phone (hands free or not).
Anyone who has been the victim of a car collision where the other driver was at fault because they were on a cell phone, watching an electronic device, or using a map device needs to immediately call highly competent car crash attorneys, such as Lance and Laura Sharp at The Sharp Firm in Austin, Texas. “Once we are consulted on cases like this, we immediately go into action collecting the information we will need to either negotiate a settlement, or take the case to court,” explained Sharp.
To learn more visit http://www.sharpfirm.com.
Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017
The Contested Will and Breach of Fiduciary Duties
Contested wills happen when beneficiaries don’t like the provisions contained within a will. At this point, it’s time to call expert lawyers like Laura and Lance Sharp at The Sharp Law Firm in Austin, Texas.
It’s very important for those who wish to contest a will that they are aware that if they successfully manage to contest a will, it will be set aside. Once it is set aside a previous will is then considered to be the valid will and its provisions will dictate how the estate is divided. It would be a smart move to make sure the older will, if there is one in existence, is beneficial to those contesting the current will.
If there isn’t an older will, then the one that was set aside would be dealt with as if it were intestacy. This means the courts will then decide how things will be distributed. So unless there is some significant benefit to be had by contesting a will, which happens to be a long, involved and expensive process, then it may be a wise move to go with the current one.
Basically a contested will is a formal objection raised about how valid the will actually is, with the main objection usually being that it doesn’t reflect the real intent of the testator. This most often happens in cases where there are large estates and a lot of money or people involved. An executor is required to defend the deceased’s will.
Wills are contested on a variety of grounds that include the person who wrote the will was delusional, insane or subject to undue influence of some type. In instances where a will is contested, there are three kinds of people objecting – those named in the will, those who inherit if the will is invalid, and those who claim they should have been included in the will, but were prevented by someone who is in the will.
You need to give consideration to what may happen when the trustee doesn’t follow the wishes specifically outlined in the will. You also need to think about what might happen if Uncle Frank or Aunt Sally use the money for his or her own needs. If things like this happen, the people involved have breached a fiduciary duty to the trustee. This is the time to call an experienced lawyer such as Laura or Lance Sharp at The Sharp Firm.
Hiring a wills attorney with the kind of expertise that Lance or Laura Sharp of The Sharp Law Firm in Austin, Texas, possess ensures that a contested will case is handled with dignity and discretion.
To learn more visit http://www.sharpfirm.com.
Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017
Neglect at a Daycare Facility
Accidents do happen at daycare facilities, but the distinction between a true accident and one caused by neglect is often difficult to distinguish. This is where speaking to a top-notch daycare injury attorney will make all the difference in the world.
In this day and age, it is common for both parents to be working to keep food on the table and a roof over their heads. That’s a sign of the economic times in the 21st century, the recession that has hit Americans right where they live. In order for both parents to work, many of them make use of daycare services for their children.
On the whole, most daycare service providers do a fine job and nothing untoward happens to the children in their care. It’s a high demand job with those who work in the industry making a supreme effort to do their best to take care of the children. Generally speaking, a day at the daycare is a day the children like and enjoy, and a day that the parents aren’t concerned about the welfare of their children.
Parents stopping after work to pick up their children expect they will be fine, without any visible injuries (aside from a bump or bruise or two from playing on the monkey bars or slides). They don’t expect to get a call in the middle of the day telling them something happened to their child, something bad.
Unfortunately, accidents do happen, however accidents that are the result of neglect on the part of the daycare facility (or the daycare workers) are something entirely different and need the expertise of a qualified daycare injury attorney. If there is any lack of proper supervision or inattention by the daycare workers to their duties, disaster has a way of happening that may affect your child. For instance, a child falling into a pool while not properly supervised may drown. A little one playing with toys with removable parts may inhale or swallow a piece of the toy.
If you have recently had an incident take place at your child’s daycare that caused serious harm or injury to your child, make certain you immediately contact a competent daycare injury lawyer. The first consultation is free, and a lawyer with many years expertise in this area will assess your case. Taking the steps to deal with what may have been daycare neglect will hopefully stop it from ever happening again. Your daycare injury lawyer will ensure that you get a just settlement for your case from the courts.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin personal injury lawyer, Austin injury lawyer, Austin personal injury
The Silent Crime Of Child Sexual Abuse
Far too often the hidden crime of child abuse goes on in front of us, and yet we do not really see it for what it is. It’s a crime no one wants to think about, let alone acknowledge, and it’s been with us for many years. In fact, doctors officially recognized abuse in 1961 and called it the battered child syndrome.
Child abuse is unfortunately far more rampant than we would like to believe. It is a crime that hits those who learn about it the hardest, for it violates something deeply personal in all of us. It is offensive, disturbing and heartbreaking for the damage it will cause youngsters. Child abuse, or suspected child abuse, in Texas must be reported. It is mandatory.
The law specifically states that anyone who has “cause to believe that a child’s physical or mental health or welfare may be affected by abuse or neglect” must report their suspicions or face up to 180 days in prison and/or a fine of up to $1,000. This crime must be reported to any law enforcement agency and to the Department of Protective and Regulatory Services.
While many people fear that if they report something like child sexual abuse they will be harassed for making such accusations, the law does protect them. Any highly qualified child sexual abuse attorney will immediately tell a concerned client that anyone who makes such a report is immune from civil or criminal liability, provided the report was made without malice and in good faith.
Reporting without malice simply means that the person was not intentionally trying to injure or violate the rights of another person. Anyone acting to protect a child they suspect is being abused (sexually, or otherwise) is protected for reporting this suspected abuse, if they went to the trouble to learn the facts about the suspected situation.
If you find yourself faced with a possible case of child sexual abuse and it is your child, this makes the situation highly volatile and delicate for all family members and relatives and the child in particular. This is one good reason to choose a child abuse attorney who has extensive experience in this area of the law. Compassion and empathy at a time like this are qualities that any distraught parent would want and need in good legal counsel.
While many people who find themselves in this shocking situation may think they are alone, they are not. The statistics on this type of crime are horrifying. For instance, it has been proven that 1 in every 4 girls and 1 in every 6 boys is abused before the age of 18. If you have Internet access in your home, you will be shocked to learn that 1 in 5 children are propositioned sexually while online. Sadly, there are as many as roughly 39 million survivors of child sexual abuse in America.
Child sexual abuse does not just take place outside the home. It lives and grows secretly within families as well. In fact, up to 40 percent of victims of sexual abuse were abused by a member of their family. Virtually 50 percent were abused by a trusted non-family member, so this means the remaining 10 percent of children abused are abused by strangers. If you are facing a distressing situation like this, immediately call a highly qualified sexual abuse attorney for a consultation. Your peace of mind and the future of your child depend on it.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Austin personal injury lawyer, Austin injury lawyer, Austin personal injury
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