Almost all Social Security recipients are aware of the most widely known future change: a rise in monthly benefit checks beginning in 2022 as a result of the automated cost-of-living adjustment, or COLA. Indeed, Social Security recipients have very certainly already gotten notification from the Social Security Administration of the impending rise.
In 2022, all Social Security benefits will increase by 5.9 percent. The COLA is calculated using a calculation known as the Consumer Price Index for Urban Wage Earners and Clerical Workers. This has been the SSA’s official yardstick for calculating COLAs for the last 47 years. If you’re interested in learning more about this metric, visit the website of the organization that maintains it: the Bureau of Labor Statistics. They are available at www.bls.gov.
Despite the fact that this is the largest raise in decades, I always dread addressing COLAs in this column because I am inundated with comments from people saying that the increase is insufficient.
The catch, however, is that many economists and social planners believe Social Security COLAs are excessively generous! (I’ve discussed why in previous columns, but don’t have room to go into it now.) That is why the majority of conversations about long-term Social Security reform include recommendations to limit cost-of-living adjustments.
Now, let us return to the Social Security COLA for 2022. As a result of these increases, the average monthly retirement payment will be $1,657 in 2022, up about $100 from the level in 2021. In 2022, the maximum Social Security benefit payable to a worker reaching full retirement age (FRA) will be $3,345, up from $3,148 in 2021. Please note that the maximum benefit is $3,345 for someone reaching full retirement age in 2022. That is not to say it is the maximum Social Security benefit available to everyone. There are millions of Social Security beneficiaries who receive significantly more than that, owing to the fact that they worked well beyond their FRA and/or postponed benefits until age 70.
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While this is a Social Security column, I feel compelled to highlight the impending hike in the Medicare Part B premium, which is withdrawn from the majority of people’s Social Security cheques. The baseline Part B premium will increase to $170.10 in 2022, a $21.60 increase over the 2021 rate. As has been the case for the last two decades, wealthy individuals will pay more than the standard premium.
I’m not going to delve into the intricate subject of Medicare premiums except to make this brief statement. While most older persons associate Social Security and Medicare, the two programs are fully independent, operated by entirely separate federal organizations, and subject to wholly separate laws and regulations defining their benefit and payment structures. For instance, I previously discussed how Social Security COLAs are calculated. The rise in the Part B Medicare premium has nothing to do with the CPI. Rather than that, it must be set at a level that covers 25% of the cost of operating the program, as required by law. The remaining 75% is borne by taxpayers. (Once again, wealthy individuals pay more than the 25% share.)
Another metric, the “national wage index,” is used to determine increases in other aspects of the law affecting Social Security beneficiaries and taxpayers. This covers increases in the amount of wages or self-employment income that is subject to Social Security taxation; the amount of income required to earn a “quarter of coverage”; and the Social Security earnings penalty restrictions.
The taxable earnings basis for Social Security will increase from $142,800 in 2021 to $147,000 in 2022. That is, anyone earning more than $147,000 in 2022 will no longer have Social Security payroll taxes withheld from their paychecks. This has always been a highly contentious section of the law. (Bill Gates and his plumber both pay the same amount of Social Security tax!) I believe it is a fairly safe bet that any future Social Security reform plan will include an expansion of that wage base.
The majority of people require 40 Social Security work credits (sometimes referred to as “quarters of coverage”) in order to qualify for monthly benefit payments from the system. In 2021, individuals earning $1,470 in Social Security taxable income earned one credit. However, no one obtains more than four credits in a single year. In other words, once you reach $5,880 in earnings, your Social Security record is credited with the maximum four credits or quarters of coverage. In 2022, the one-credit limit will increase to $1,510, requiring you to earn $6,040 this year in order to receive the maximum four credits assigned to your Social Security account.
Individuals under the full retirement age who receive Social Security retirement or survivor benefits but continue to work have restrictions on the amount of money they can earn while receiving all of their Social Security benefits. This ceiling was set at $18,960 in 2021 and will increase to $19,560 in 2022. For every two dollars exceeding those restrictions, a person’s monthly benefits are reduced by one dollar.
The year a person achieves full retirement age, there is a higher earnings requirement that applies from the beginning of the year until the month the person passes FRA. (Once a person reaches that magical age, the income penalty is eliminated.) This threshold increases to $51,960 in 2022, from $50,520 in 2021.
Several other facets of Social Security are also affected by inflationary increases. For example, those receiving disability benefits who attempt to work may normally retain such benefits as long as they are not engaged in “substantial” work. In 2021, the legislation classified substantial labor as any position that pays at least $1,310 per month. By 2022, that significant earnings level will have increased to $1,350 per month.
Finally, the basic federal payment level for Supplemental Security Income will increase from $794 in 2021 to $841 in 2022. SSI is a federal assistance program administered by the Social Security Administration, but it is not a form of Social Security. It is funded entirely through general resources, not through Social Security taxes.
Full Article here: Social Security update: A look at changes for 2022 (dallasnews.com)
If you’re interested in learning more about Social Security or interested in how to apply for social security disability benefits, visit Disability Help for resources.
Additional Resources:
Exploring the Legal Implications of Artificial Intelligence in Healthcare
in NewsIn recent years, the rapid advancement of artificial intelligence (AI) has revolutionized various industries, including healthcare. The integration of AI technologies holds immense promise for improving patient care, diagnosis, and treatment outcomes. However, the emergence of AI in healthcare also raises significant legal considerations and ethical dilemmas that require careful attention and regulation. This article delves into the legal implications of AI in healthcare and the steps being taken to address these complex issues.
Understanding AI in Healthcare
Artificial intelligence refers to the simulation of human intelligence in machines, enabling them to perform tasks that typically require human cognition. In healthcare, AI systems can analyze vast amounts of medical data, detect patterns, and generate insights to support clinical decision-making. AI-powered technologies, such as machine learning algorithms and natural language processing, are used for various applications, including disease diagnosis, treatment recommendations, and personalized medicine.
Legal Challenges and Concerns
Regulatory Responses
Recognizing the importance of addressing legal and ethical implications, governments and regulatory bodies worldwide are actively working on developing frameworks to govern AI in healthcare. Here are a few notable initiatives:
Understanding the Difference Between State and Federal Law
in LawsWhen it comes to the legal system in the United States, there are two main types of law that govern different aspects of our lives: state law and federal law. While there are similarities between the two, there are also some key differences that are important to understand. In this article, we’ll explore the differences between state and federal law and why it matters to you.
State Law vs. Federal Law: What’s the Difference?
State law refers to the laws and regulations that are created and enforced at the state level. Each state has its own set of laws, which can vary widely depending on the state in question. These laws can cover a wide range of topics, including criminal law, family law, employment law, and more.
On the other hand, federal law refers to the laws and regulations that are created and enforced at the national level by the federal government. These laws cover topics that are considered to be of national importance, such as immigration, national security, and civil rights.
Why Does the Difference Matter?
The difference between state and federal law matters for a number of reasons. For one, it can determine which court system a legal dispute will be heard in. If a case involves a violation of federal law, it will be heard in federal court. If it involves a violation of state law, it will be heard in state court.
Additionally, state and federal law can sometimes conflict with each other. In these cases, federal law typically takes precedence over state law. This means that if a state law conflicts with a federal law, the federal law will supersede the state law.
Another reason why the difference between state and federal law matters is that it can impact the rights and protections that individuals have. For example, federal law provides certain protections against discrimination in employment, housing, and other areas. However, these protections may not be available under state law, or they may be less comprehensive.
Finally, understanding the difference between state and federal law is important because it can impact the way that laws are enforced. Federal law enforcement agencies, such as the FBI and DEA, have the authority to enforce federal laws across the entire country. State law enforcement agencies, on the other hand, are responsible for enforcing state laws within their respective states.
If You’re Arrested for a DUI, What’s the Typical Response?
in DUI DWIThe Stop
In the majority of DUI cases, the motorist is pulled over due to indicators of impairment (such as swerving) or a traffic violation (even something minor like a broken taillight will suffice). In general, a stop is legitimate if the officer had probable cause (sometimes referred to as “reasonable suspicion”) to believe the driver had violated the law. (For additional information on the legality of traffic detentions, see here.)
If the police actually did not have good cause to pull you over, you can file a request to suppress later in the case, which may result in the dismissal of the entire prosecution.
Officer Remarks
Typically, traffic detentions begin with the police requesting your driver’s license and registration. The officer is likely to take notice if you exhibit indicators of intoxication during this interaction—things like fumbling with your paperwork or the stench of alcohol or marijuana. Any such observations will very certainly be included in the police record, which you will normally receive for the first time during your arraignment.
Police Interrogation
Almost always, during a DUI stop, police ask the driver if they’ve had anything to drink. In answer, the majority of motorists reply something along the lines of “only a drink or two with dinner”—a common understatement of how much they actually drank. After hearing these types of statements numerous times, police officers are unlikely to stop there—especially if there are other evidence that you’ve been drinking or taking drugs. After receiving confirmation that you’ve been drinking — regardless of the amount — the majority of cops will want to conduct additional investigation. (Learn about your right to remain silent during police interrogation.)
When Can Police Search Your Vehicle?
Generally, police can search your automobile without a warrant if they have probable cause to suspect there is compelling evidence inside. For example, an officer may observe or smell anything during a DUI stop that leads them to suspect the presence of drugs in the vehicle. If that is the case, authorities may be justified in examining not only the interior of your vehicle, but also the glove compartment, trunk, and locked containers such as backpacks. Another frequently used basis for an automotive search is assent of the driver: Generally, police officers can search your car if you grant them permission.
Roadside Examinations
When an officer suspects someone of drunk driving, he or she will frequently conduct roadside tests to validate the suspicions: field sobriety tests (FSTs) and a “preliminary alcohol screening” (PAS) test (commonly called a breathalyzer). Typically, these pre-arrest examinations are voluntary.
Field Sobriety Examinations
Police officers employ a variety of various FSTs. However, the three “standardized” FSTs are the most frequently used:
The National Highway Traffic Safety Administration (NHTSA) created these three tests — collectively referred to as the “standardized FST battery” — in the 1970s to assist officers in determining a motorist’s level of impairment. The NHTSA decided after completing research that the standardized FSTs were reliable markers of a driver’s blood alcohol content (BAC) of.1% or above.
PAS Examinations
A PAS device (alternatively referred to as a “portable breath test” (PBT) machine) is a portable instrument used by police to determine a driver’s breath alcohol content. The PAS results are not always as trustworthy as breathalyzer or blood test results obtained at a police station or hospital. However, the advantage of these gadgets is that they provide authorities with a quick and straightforward means to assess a driver’s blood alcohol concentration (BAC). The aim of a PAS test is not to gather evidence for court, but to determine if there is probable cause to arrest someone for DUI.
Reports from the Police
The majority of individuals are curious to see the DUI police report, which details the incident in the officer’s own words. In most places, the police report is not available until the arraignment, the first day of court. Because the report details the evidence against you, it is critical for determining the best course of action in your case. By studying the police record, a competent DUI attorney can frequently determine the state’s strengths and flaws.
Chemical Testing Requirements and Implied Consent
Each of the 50 states has enacted “implied consent” statutes requiring motorists apprehended lawfully for DUI to submit to chemical testing. The goal of the testing—which is typically performed on the driver’s breath or blood—is to determine the level of drugs or alcohol in his or her system. Drivers who refuse to submit to testing typically risk the following consequences:
Additionally, if the case proceeds to trial, the prosecution is typically permitted to inform the jury about the defendant’s rejection. In some places, refusing a chemical test might result in a second criminal charge. A refusal in these states can result in two distinct criminal convictions: one for DUI and another for the refusal. The United States Supreme Court, however, ruled in 2016 that laws criminalizing refusal to submit to a blood test were unconstitutional. However, the Court stated that it is typically acceptable for a legislation to make refusing to submit to a breath test a crime. (For additional information on the Supreme Court ruling, see DUI Testing: Breath, Blood, and Warrants.)
Are You Arrested, Detained, or Released?
If police believe they have probable cause to arrest you for driving while intoxicated, you will almost certainly be handcuffed and sent to a nearby jail or police station. When you are arrested for a DUI, the police will normally confiscate your driver’s license and issue you with a temporary paper permit. Generally, the interim permit is valid until the court or the department of motor vehicles decides whether to suspend your license. Police will book and cite you for the infraction at the jail or police station. Generally, you’ll remain in jail until someone posts bail or a judge releases you on your “own recognizance.” If you are arrested on a Friday and are not released on bail, you may spend the entire weekend in jail. The good news is that you will receive credit for time spent in jail against any future term imposed.
Obtain Legal Assistance
If you’ve been charged with driving while intoxicated, it’s a good idea to consult an experienced DUI attorney. DUI laws vary each state, and each case is unique. A experienced DUI attorney can assist you in comprehending the applicable laws in your state and explaining any viable defenses you may have.
Additional Resources:
Washington Motorcycle Accidents & Personal Injury Lawsuits
in Personal InjuryAlthough the rainy state of Washington is not recognized for its motorcycle-friendly weather, the Evergreen State still has more than 220,000 registered motorcycles—roughly one for every 33 citizens.
Unfortunately, motorcycle riders are significantly more likely to die or have serious injuries in a crash than passenger car drivers.
In this article, we’ll discuss Washington motorcycle accidents, including the rules that motorcycle riders should be aware of, how liability is determined following a motorcycle accident, and the average damages that can be claimed.
Around one in every five motorcycle accidents results in serious injury or death. Each year, on average, 75 riders are killed in incidents on Washington’s highways.
Washington motorcycle rules of the road
Motorcyclists, like other road users, must adhere to the road’s laws.
Motorcycle riders, for example, must respect all traffic signals and posted speed restrictions. Additionally, motorcyclists, like all other road users, are required to exercise “due care” to prevent endangering others.
Additionally, riders in Washington must adhere to some motorcycle-specific restrictions.
Washington’s motorbike legislation
All of Washington’s motorcycle laws are contained in Title 46 of the Revised Code of Washington, but the following points are important for motorcyclists to remember:
All motorcycle operators and passengers must wear helmets certified by the US Department of Transportation.
Unless the operator is wearing glasses, goggles, or a face shield, all motorbikes must be fitted with a windshield.
Motorcycle riders are not permitted to transport passengers unless the motorcycle is specifically intended to do so.
Motorcycle handlebars may not be raised above the seat by more than 30 inches.
Splitting lanes is completely forbidden on Washington state highways.
All motorcycles are entitled to the full use of a lane, and no motor vehicle shall be operated in such a way as to deny any motorbike that use.
Motorcycles shall not be operated in a single lane more than two abreast.
A child under the age of five is not permitted to ride a motorcycle.
Liability determination following a motorbike accident
Motorcyclists and motor vehicle drivers have a responsibility to exhibit reasonable care on the road in order to avoid injuring others. If a motorcycle rider or a driver of a motor vehicle violates this responsibility and an accident occurs, the at-fault party may be held accountable.
The most frequently used legal theory to hold the at-fault person accountable is carelessness, which requires the plaintiff to show three elements:
The defendant owed a responsibility to the plaintiff,
The defendant violated their fiduciary obligation, and
The plaintiff’s injuries were legally caused by the breach.
While the majority of motorcycle accidents are caused by either a rider or a motor vehicle driver, this is not always the case. There are a few additional persons who could be held accountable for your accident:
Property Owners: Premises liability regulations require property owners to keep their premises safe. If a motorcyclist is harmed on someone else’s property as a result of a dangerous condition, the property owner may be held accountable.
Manufacturers are required by product liability rules to avoid releasing defective products onto the market. If a motorcycle rider is killed as a result of a defective product (such as a malfunctioning brake system), the product’s producer may be held accountable.
Q: How can I get an attorney that can assist me with my motorbike accident case?
Our experienced attorneys at Caron, Colven, Robison & Shafton with 100+ years of combined experienced can help you with your Washington State Motocycle injury claim. The majority of initial consultations are complimentary.
Social Security: A look at the changes that will take place in 2022
in Government, NewsAlmost all Social Security recipients are aware of the most widely known future change: a rise in monthly benefit checks beginning in 2022 as a result of the automated cost-of-living adjustment, or COLA. Indeed, Social Security recipients have very certainly already gotten notification from the Social Security Administration of the impending rise.
In 2022, all Social Security benefits will increase by 5.9 percent. The COLA is calculated using a calculation known as the Consumer Price Index for Urban Wage Earners and Clerical Workers. This has been the SSA’s official yardstick for calculating COLAs for the last 47 years. If you’re interested in learning more about this metric, visit the website of the organization that maintains it: the Bureau of Labor Statistics. They are available at www.bls.gov.
Despite the fact that this is the largest raise in decades, I always dread addressing COLAs in this column because I am inundated with comments from people saying that the increase is insufficient.
The catch, however, is that many economists and social planners believe Social Security COLAs are excessively generous! (I’ve discussed why in previous columns, but don’t have room to go into it now.) That is why the majority of conversations about long-term Social Security reform include recommendations to limit cost-of-living adjustments.
Now, let us return to the Social Security COLA for 2022. As a result of these increases, the average monthly retirement payment will be $1,657 in 2022, up about $100 from the level in 2021. In 2022, the maximum Social Security benefit payable to a worker reaching full retirement age (FRA) will be $3,345, up from $3,148 in 2021. Please note that the maximum benefit is $3,345 for someone reaching full retirement age in 2022. That is not to say it is the maximum Social Security benefit available to everyone. There are millions of Social Security beneficiaries who receive significantly more than that, owing to the fact that they worked well beyond their FRA and/or postponed benefits until age 70.
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While this is a Social Security column, I feel compelled to highlight the impending hike in the Medicare Part B premium, which is withdrawn from the majority of people’s Social Security cheques. The baseline Part B premium will increase to $170.10 in 2022, a $21.60 increase over the 2021 rate. As has been the case for the last two decades, wealthy individuals will pay more than the standard premium.
I’m not going to delve into the intricate subject of Medicare premiums except to make this brief statement. While most older persons associate Social Security and Medicare, the two programs are fully independent, operated by entirely separate federal organizations, and subject to wholly separate laws and regulations defining their benefit and payment structures. For instance, I previously discussed how Social Security COLAs are calculated. The rise in the Part B Medicare premium has nothing to do with the CPI. Rather than that, it must be set at a level that covers 25% of the cost of operating the program, as required by law. The remaining 75% is borne by taxpayers. (Once again, wealthy individuals pay more than the 25% share.)
Another metric, the “national wage index,” is used to determine increases in other aspects of the law affecting Social Security beneficiaries and taxpayers. This covers increases in the amount of wages or self-employment income that is subject to Social Security taxation; the amount of income required to earn a “quarter of coverage”; and the Social Security earnings penalty restrictions.
The taxable earnings basis for Social Security will increase from $142,800 in 2021 to $147,000 in 2022. That is, anyone earning more than $147,000 in 2022 will no longer have Social Security payroll taxes withheld from their paychecks. This has always been a highly contentious section of the law. (Bill Gates and his plumber both pay the same amount of Social Security tax!) I believe it is a fairly safe bet that any future Social Security reform plan will include an expansion of that wage base.
The majority of people require 40 Social Security work credits (sometimes referred to as “quarters of coverage”) in order to qualify for monthly benefit payments from the system. In 2021, individuals earning $1,470 in Social Security taxable income earned one credit. However, no one obtains more than four credits in a single year. In other words, once you reach $5,880 in earnings, your Social Security record is credited with the maximum four credits or quarters of coverage. In 2022, the one-credit limit will increase to $1,510, requiring you to earn $6,040 this year in order to receive the maximum four credits assigned to your Social Security account.
Individuals under the full retirement age who receive Social Security retirement or survivor benefits but continue to work have restrictions on the amount of money they can earn while receiving all of their Social Security benefits. This ceiling was set at $18,960 in 2021 and will increase to $19,560 in 2022. For every two dollars exceeding those restrictions, a person’s monthly benefits are reduced by one dollar.
The year a person achieves full retirement age, there is a higher earnings requirement that applies from the beginning of the year until the month the person passes FRA. (Once a person reaches that magical age, the income penalty is eliminated.) This threshold increases to $51,960 in 2022, from $50,520 in 2021.
Several other facets of Social Security are also affected by inflationary increases. For example, those receiving disability benefits who attempt to work may normally retain such benefits as long as they are not engaged in “substantial” work. In 2021, the legislation classified substantial labor as any position that pays at least $1,310 per month. By 2022, that significant earnings level will have increased to $1,350 per month.
Finally, the basic federal payment level for Supplemental Security Income will increase from $794 in 2021 to $841 in 2022. SSI is a federal assistance program administered by the Social Security Administration, but it is not a form of Social Security. It is funded entirely through general resources, not through Social Security taxes.
Full Article here: Social Security update: A look at changes for 2022 (dallasnews.com)
If you’re interested in learning more about Social Security or interested in how to apply for social security disability benefits, visit Disability Help for resources.
Additional Resources:
What To Do If Arrested in Richmond Virginia for DUI
in DUI DWIDriving under the influence, more commonly simply referred to as a DUI, is one of the most serious criminal charges in the state of Virginia. Virginia has a zero tolerance policy for drunk drivers and seeks to enact switch consequences on those who are found guilty of a DUI charge.
Some of the penalties you can expect a DUI conviction in Virginia to carry include the following:
The severity of your penalties will depend upon the unique circumstances surrounding your conviction.
Misdemeanors Versus Felonies
There are two types of DUI convictions in Virginia: misdemeanors and felonies. If this is your first DUI and no one else was involved and there was no car crash, then you might only be charged with a misdemeanor. However, if your blood alcohol content (BAC) level was over a certain limit and this isn’t your first time being arrested for a DUI in Richmond, VA, then you could be facing a felony charge.
Administrative Consequences Versus Judicial Ones
Part of what makes DUIs so life-altering and so complicated is that you are usually facing repercussions from more than one agency. Not only will you possibly have to deal with a judicial sentence imposed upon you by the court, but you’ll usually have to deal with some administrative penalties too imposed by the Virginia DMV. For instance, even if the court doesn’t specifically order you to complete a DUI education program in order for you to have your VA license reinstated, you will have to do so under Virginia’s administrative requirements in order to get your license back. Likewise, just because the court didn’t order you to have an ignition interlock device installed in your vehicle doesn’t mean that the DMV won’t require you to have it for six months or longer upon getting your driver’s license reinstated.
What To Do When You’re Arrested
When you’ve been arrested for a DUI in Richmond, VA, the first thing you should do is contact an attorney. Don’t speak to police officers or anyone else without speaking to an attorney first. An attorney will evaluate everything pertaining to your case to first see if the arrest was lawful. If it wasn’t, your case could potentially be dropped. If it was, your attorney will work to secure you the most favorable outcome possible.
If you’ve been arrested for a DUI, don’t panic. Contact David A.C. Long, a Chesterfield DUI attorney who can assist you.
Resources: https://dui.drivinglaws.org/resources/virginia-first-offense-dui.htm
Understanding Social Security Disability
in GovernmentSocial security disability is a program developed by the Social Security Administration, (SSA), a federal agency that was developed in 1934. However, the disability program itself was not established until 1954. This government program aims to provide monthly payments to those who become disabled and are no longer able to work.
Who is Eligible?
As previously mentioned, those who have become disabled and are unable to work due to said disability are eligible. It is still important to keep in mind that certain stipulations must be met. Social security disability is awarded to those that meet minimum requirements with some exceptions for dependents. These requirements include but are not limited to the inability to work as a result of a disability that will result in death or one calendar year or longer. Disability payments are impacted by what is commonly referred to as work credits. These credits are awarded based on the length of time that the individual has been employed.
How to Apply?
There are a few ways to apply for disability benefits. Those who wish to apply may do so online, over-the-phone or by visiting their local SSA office. The applicant will need to supply information which will be used to help determine and establish identity, disability, and Social Security eligibility. This will include the social security number, address and contact details. Applicants will also provide information regarding their physician and diagnosis, household composition, work history, and income sources.
Additional Information
These are just some of the basic criteria and requirements for the eligibility and application process of social security disability. Eligibility is determined on a case-by-case basis and assistance is available to those who may not understand or need help with the process. The SSA has a list of documents that will be required to consider your claim. More information on the program, eligibility and application process can be found by directly visiting the official SSA website at https://www.ssa.gov/benefits/disability/.
Crash Vs Accident: What is The Difference?
in Personal InjuryAutomobiles collide all too often on the U.S. highway system. They occur in a wide variety of scenarios and involve several different aspects in most cases. The term “accident” implies that the collision could not be averted when the drivers were not aware of each other, or someone made a bad driving decision. They can also occur at varying rates of speed, with the more serious collisions typically happening at a higher rate. That does not mean that injury does not occur in a low-speed “fender bender” collision, as whiplash and back injuries can easily be suffered by passengers even at slower speeds. The significant difference tends to be the amount of physical damage done to the vehicles along with severe or fatal injuries. However, there are a few aspects of a collision that can establish a distinct difference between the two.
Level of Intent
The mere term that a highway mishap is an accident infers that the collision could not be averted and no one purposely intended to cause the collision. These types of incidents do occur and are the most common problems. Collisions where no one is injured and the vehicles can be driven away from the scene with only the exchange of names, and insurance information are relatively frequent. These types of collisions should still be reported to local jurisdiction police stations within four days according to Washington state law so an official accident report can be generated. Drivers who are involved in a crash scene that causes personal injury or impedes the highway cannot leave the scene, and those who are mobile should contact emergency services immediately. Police will conduct an investigation concerning what transpired and potential fault for the accident, including if the act was intentional.
Circumstances of the Collision
All accidents are unique in detail, such as specific injury and driver actions while traveling, but certain types of collisions are crashes instead of accidents for the most part. A crash can often involve multiple cars in congested traffic, and the rate of speed is also typically increased as well. These collisions can result in intentional damage, gross negligence by particular drivers, and other issues such as road rage. The circumstances can also impact the availability of compensation for injuries and property damage as well even in pure comparative negligence state like Washington. Drivers who intentionally cause a crash are barred from receiving any financial compensation while other drivers will be discounted by their comparative negligence percentage if a case goes to court.
Number of Vehicles
While most accidents generally involve two vehicles, collisions that include three or more vehicles are usually classified as crashes. This is especially true if the incident involves commercial trucks or larger vehicles such as a motor home. There may be no presence of intentional action by a driver, but the increased speed alone or the gross carelessness of a driver can result in a very serious situation for all passengers. There is often a fine line between a crash and an accident, but certain entanglements while in highway transit can always be considered a crash.
It is important to remember the details of all collisions have a major impact on how personal injuries are compensated, and it is always vital to have an experienced personal injury attorney representing the case for those who are seriously injured and need maximum financial compensation.
Understanding Reckless Driving Laws in Virginia
in Criminal DefenseReckless driving in Virginia is is a class one Misdemeanor offense and there are 14 types of reckless driving. All 14 types of reckless driving offenses can be found in the code of Virginia law section 46.2. Reckless driving in the state of Virginia is defined by any person who deliberately operates a motor vehicle in an unsafe or “reckless” manner without considering the consequences or the possible harmful outcome of their actions. The term reckless by definition means when a person or a person’s actions attempt something without caring about the consequences of their action.
All 14 types of reckless driving are a class one misdemeanor offense. As far as misdemeanors go, a class one offense is the most severe. This means that there are serious consequences for any person that is charged with reckless driving. These penalties can vary, but the minimum penalties for a class one misdemeanor in the state of Virginia are as follows:
The 14 types of reckless driving according to Virginia state law are as follows:
General Reckless Driving
A general reckless driving charge will be given to anyone who causes a car accident due to any form of reckless driving. The Virginia statute states that reckless driving is “a disregard for the driver of a motor vehicle for the consequence of his act and an indifference to the safety of life, limb or property.”
Reckless Driving by Speed
A driver will receive a reckless driving charge if they drive 20 mph under the posted speed limit or over 80 mph in any area.
Reckless driving based on failure to maintain control or faulty brakes
If someone drives a vehicle that is not under proper control or a vehicle that has faulty breaks and causes an accident they will receive a reckless driving charge.
If you are facing a reckless driving charge in the state of Virginia, getting in contact with a traffic attorney could greatly benefit your case. A Virginia traffic attorney could get your penalties reduced dramatically, and they may even be able to get your case dropped entirely. Avoiding a criminal record is vital, and a Virginia traffic attorney can build your case for you to assure that your case goes the way you need it to.
https://law.lis.virginia.gov/vacode/title46.2/
Personal Injury & Train Accidents in California
in Personal InjuryWhen a person suffers injuries in a train accident, they may have a right to recover from the person responsible for an accident. In some cases, a person has a duty to either do something with a reasonable standard of care or to refrain from doing something. In the case of a train accident, a train operator has a duty to drive reasonable speeds and obey train traffic rules. They need to make sure that they don’t operate under the influence of a substance that can impair their ability to operate the train.
If the train operator fails in their duties, they might cause injury to others. They might injure people on the train, and they might hurt people that come into contact with the train. When that happens, the negligent person might owe the injured person for their damages. These damages can include lost pay, medical bills, rehabilitation and pain and suffering.
No two cases are exactly the same. A California personal injury attorney can speak with you about your case. They answer any questions you have and give you an honest opinion about your chances for recovery based on their years of training and experience. If you work with an attorney, they help you prepare your case through all of the steps involved in the process, including going to court if necessary. A personal injury attorney directory can provide information on attorneys and injury law if you have been affected by a train accident in California.