Accident Reports Auto Accident Bicycle Accident Blogs Bus Accident Business Interruption Insurance Consumer Law Covid-19 Criminal Defense Debt Relief Defective Product Employment Law Events From Our Office Immigration Insights Intellectual Property Pedestrian Injury Personal Injury Pharmaceutical Case Press Release San Gabriel Valley Master Key Tour Bus Accident Uncategorized Workers' Compensation 事故报告 (Accident Reports) 工伤赔偿 (Workers Compensation)

Stopping for School Buses

Topics: Auto Accident

Aug 09th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]The new school year rapidly approaches. It won't be long before the back-to-school sales turn into back-to-school drives featuring those large, bright yellow carriers of schoolchildren, the school bus. One rule of the road that is often met with confusion deals with school buses. Specifically, when does one, as the driver of another vehicle, have to stop for a school bus when the red lights are flashing and the stop sign arm is extended? The specific legal statute that deals with stopping for a school bus is listed explicitly in the California vehicle code.

CHAPTER 8. Special Stops Required [22450 - 22456] 22454.(a) The driver of any vehicle, upon meeting or overtaking, from either direction, any schoolbus equipped with signs as required in this code, that is stopped for the purpose of loading or unloading any schoolchildren and displays a flashing red light signal and stop signal arm, as defined in paragraph (4) of subdivision (b) of Section 25257, if equipped with a stop signal arm, visible from front or rear, shall bring the vehicle to a stop immediately before passing the schoolbus and shall not proceed past the schoolbus until the flashing red light signal and stop signal arm, if equipped with a stop signal arm, cease operation. (b) (1) The driver of a vehicle upon a divided highway or multiple-lane highway need not stop upon meeting or passing a schoolbus that is upon the other roadway. (2) For the purposes of this subdivision, a multiple-lane highway is any highway that has two or more lanes of travel in each direction.

In plain language, this means that if you are driving behind a school bus and its flashing red lights, has an extended stop sign, or both, you must stop for the bus and remain stopped until it's no longer flashing red lights. This applies to every lane traveling in the same direction as the bus, regardless of how many lanes there are. If you are approaching a bus traveling in the opposite direction with red lights flashing or stop sign extended, you will need to stop if the road has fewer than 2 lanes in each direction and the road is not separated by a median.[/vc_column_text][vc_row_inner][vc_column_inner width="1/6"][vc_single_image image="3811" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3812" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3813" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3815" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][vc_single_image image="3816" img_size="full" add_caption="yes"][/vc_column_inner][vc_column_inner width="1/6"][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Failure to stop for a school bus when legally required to can result in a fine of up to $1,000 and a driver's license suspension of up to one year. Even in the circumstances where you are allowed to pass a stop school bus, remain extra vigilant! It's safe to assume that children will be exiting the bus and could unexpectedly dart into traffic. The Law Offices of Scott Warmuth helps people who have been injured in car accidents. Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Faking a Work Injury is a Bad Idea

Topics: Workers' Compensation

Aug 07th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Workers' compensation is a program designed to help people who were injured on the job. Unfortunately, some workers, employers, doctors, and insurers try to take advantage of the system. Incidents of workers' compensation fraud make the entire system less affordable for employers, less reliable for injured workers, and less trusted by everyone. Fears of fraud and increased costs in the system were reasons that led to California's 2004 workers' compensation reform legislation SB 899, which severely cut benefits and limited treatment options for injured workers. One of the most recognized types of workers' compensation fraud is faking a work injury. This type of fraud can happen in a few different ways.

Filing a workers' compensation claim for an injury that did not occur
Filing a claim for an injury that occurred outside of work hours
Filing a claim that resulted from a staged accident
Filing a claim for a serious injury when the sustained injury was minor

It's important to note that making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Most employers will investigate any work injuries they consider suspicious. There are many circumstances that employers may consider suspicious, including:

Delayed reporting of the injury
Report filed first thing Monday morning
Report filed before or after employment termination or layoff
No witnesses to the incident
Refused treatment
Reported injury not confirmed by medical examination

Reporting a fake work injury for the purpose of collecting workers' compensation benefits is simply not worth the punishment if you get caught. However, if you do suffer an injury at work, it's important to report it promptly and seek immediate medical treatment, then contact an experienced workers' compensation law firm, like the Law Offices of Scott Warmuth. We offer free consultations in English, Spanish, Mandarin, and Cantonese. Call us today at 888-517-9888! [/vc_column_text][/vc_column][/vc_row]

Share This Post

Attorney Yesenia Acosta Quoted in Forthcoming Book

Topics: Auto Accident

Aug 02nd, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Law Offices of Scott Warmuth expert immigration attorney Yesenia Acosta has been quoted in the forthcoming book Transnational Marriage Migration and Partner Migration: Constellations of Security, Citizenship, and Rights, by author Eithne Luibheid. Attorney Acosta was interviewed in 2017 about how gathering evidence for immigration interviews is more difficult for same-sex couples seeking legal immigration status on the basis of marriage. Attorney Acosta has long been an advocate of LGBTQ rights, and she is highly sought out by same-sex couples for assistance in their immigration cases. Same-sex marriage is currently legal in 28 countries. It only became legal in the entirety of the United States in 2015 after the supreme court case Obergefell v. Hodges. Because of these limitations, same-sex couples seeking green cards in the United States may not be able to provide the same level of marriage evidence that straight couples have. Same-sex couples seeking immigration are often married for fewer years and may not have announced their marriage, or even their relationship, to family members. Eithne Luibheid is a professor in the Gender and Women's Studies Department at the University of Arizona. The book Transnational Marriage Migration and Partner Migration: Constellations of Security, Citizenship, and Rights will be available from Rutgers University Press soon.[/vc_column_text][/vc_column][/vc_row]

Share This Post

New Ruling Could Limit Asylum Claims

Topics: Immigration

Jul 30th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]A new rule from the U.S. Attorney General's office would make it more difficult for members of families targeted by gang violence to receive asylum in the United States. A 2017 Board of Immigration Appeals decision recognized a Mexican national's family as a persecuted social group after his family was targeted by a drug cartel. The U.S. Attorney General overturned this decision, arguing that for a family to qualify as a social group, it would need to be much larger and more prominent. Social group claims will be limited to certain socially distinct clans or sub-clans. It's unknown if any refugee from Mexico would meet this distinction. The U.S. Attorney General is given the power to oversee rulings from immigration courts. The Attorney General's ruling does not change the particular situation for the asylum applicant in question, who's application was denied for other reasons. But the ruling will restrict available options for future asylum applications. See the full news story here. There have been several recent rulings that would appear to make asylum more difficult to claim for most people. Though many asylum limitations have been temporarily halted by the courts, the trend towards less approved cases of asylum is obvious. One thing that can greatly improve the chances of receiving asylum is to hire an immigration attorney. The Law Offices of Scott Warmuth will hear your story and help you determine the best ways to pursue your asylum claim. Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Facing Criminal Charges for Domestic Violence

Topics: Criminal Defense

Jul 26th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]In the heat of the moment, anyone can make mistakes. When an argument with a loved one gets out of hand, flared tempers and the activation of fight or flight instincts can kick in. Sometimes the result is an incident of domestic violence. When the police arrive, they will investigate the situation and could possibly place any aggressor under arrest. Arrested individuals will be taken to jail and will be processed by the justice system. Every situation is unique, so whether or not arrested individuals will face prosecution depends on the circumstances. Defendants may not be charged in connection with the episode, may be charged with a misdemeanor offense, or may be charged with a felony offense. The criminal record of the defendant, the severity of injuries sustained by the victim, previously reported incidents, and more will factor heavily on the prosecutor's decision. A skilled criminal defense attorney will work to defend the rights of the accused and will fight against excessive punishment. As with other crimes, there may be immigration consequences. Certain charges of domestic violence can actually lead to deportation and ineligibility for defense applications in immigration court. A domestic violence charge can also lead to the termination of employment, placing an employment-based visa at risk, and even risking deportation proceedings. The Law Offices of Scott Warmuth offers a strong, experienced criminal defense team that works closely with our immigration attorneys to ensure that our clients’ immigration goals are protected. We approach every case with an open mind to bring about the best possible conclusion for your case. We offer free defense consultations at 888-517-9888, so call us today.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Why You Need Car Insurance in California

Topics: Auto Accident

Jul 24th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Car insurance is legally required in California. Drivers who do not meet minimum levels of liability coverage can be ticketed, leading to hefty fines. Uninsured drivers can also be sued for any damages they may cause in a crash. There is also a lesser known serious consequence of driving without insurance. Uninsured drivers involved in a car accident through no fault of their own cannot be compensated for non-economic losses, such as pain and suffering, unless the at-fault driver was under the influence. In practice, this rule severely limits the legal options available for uninsured drivers. Proposition 213, The Personal Responsibility Act of 1996, was a ballot initiative that passed with 76.83 percent of the vote. Prop 213 prevents convicted felons from recovering damages suffered while committing or fleeing from the scene of a felony and drunk or uninsured drivers from seeking compensation for pain, suffering, and disfigurement. These restrictions do not apply to vehicle passengers. Prop 213 only provides an exception for uninsured motorists who are struck by drunk drivers. In 1997, Prop 213 was ruled constitutional by the California Second District Court of Appeals in the Yoshioka v Los Angeles Superior Court. How does Prop 213 affect uninsured motorists who are not at fault in a car accident? Uninsured drivers may not be able to find contingency fee legal representation, and it may not even be in their financial interest. Without an attorney, it will be more difficult to receive medical treatment without out-of-pocket expenses. Uninsured drivers also have to deal with the insurance companies on their own, without an advocate on their side. Essentially, uninsured drivers are not able to take advantage of all the reasons to hire a car accident lawyer. The Law Offices of Scott Warmuth strongly urges all drivers in California to at least meet minimum insurance requirements, but if possible, have a higher level of liability coverage. The higher the level of liability coverage you have, the more protection you have in the event of an unexpected accident. Liability insurance helps to protect everyone. We also recommend that all drivers carry uninsured motorist coverage at the highest amount possible. If you have been injured in a car accident, call us at 888-517-9888 for a free legal consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Threat of ICE Raids Linger

Topics: Immigration

Jul 19th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]In recent weeks, the Trump administration has been promoting impending raids by Immigration and Customs Enforcement (ICE) officers targeting undocumented immigrants. While it does not appear that the raids have actually occurred, an overall sense of dread pervades many immigrant communities. For immigrants who feel that they are being targeted for a mass raid, knowing your rights can be the most powerful defense against detention. The American Immigration Lawyers Association (AILA) has created several handouts that detail your rights if approached by an ICE agent. If you or a loved one are afraid that you could be targeted in an immigration raid, knowing your rights can be a powerful tool. The handouts detail the rights you should be aware of in the event that you are approached by ICE agents at home, at work, or in public. You can download all of the AILA Know Your Rights handouts in numerous languages on their website. It's unclear as to whether or not ICE raids will actually take place in Los Angeles any time in the near future. Prior to the reported raids last week, Los Angeles Police Department Chief Michel Moore announced that 140 people would be targeted in the Los Angeles area. People with questions about immigration law should contact an immigration attorney. The Law Offices of Scott Warmuth offers free consultations. Schedule your consultation today by calling 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

Share This Post

Bicycle Safety – Riding Tips

Topics: Auto Accident, From Our Office, Personal Injury

Jul 17th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Client Relations Manager and personal injury expert Jeff Wong talks about safe bicycling.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/6"][/vc_column][vc_column width="2/3"][vc_video link="https://www.youtube.com/watch?v=cjYjwQ-_x_k"][/vc_column][vc_column width="1/6"][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Watch all of our information videos on the Law Offices of Scott Warmuth YouTube Channel.[/vc_column_text][/vc_column][/vc_row]

Share This Post

What Does a Workers’ Compensation Attorney Do For Clients?

Topics: Workers' Compensation

Jul 12th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Workers' compensation programs seem like they should be fairly straight forward: if someone is injured at work, he or she sees a doctor until fully recovered, receiving pay for any missed work. If the workers' compensation system in California was this simple, injured workers would be able to handle the entire process themselves. Unfortunately, the actual work comp system is rarely so straightforward. Qualifications, paperwork, lack of treatment options, delays, denials, and more can throw a wrench in to the workers' compensation claim process, some of which can be difficult for an injured worker to complete alone. No one expects injured workers to be experts in workers' compensation law. Some workplaces and insurance companies take advantage of that fact, preventing workers from receiving desperately needed medical treatment and financial recovery. A workers' compensation attorney can help with several aspects of a claim that would typically be very difficult to handle alone. Eligibility Not every injury is eligible for workers' compensation. Injuries are only eligible if they meet specific criteria. Some injuries, such as repetitive motion or stress injuries, may require proof and documentation. If you're in a car accident on your way to work, injuries would not be covered, but if you're in a car accident on your way to an off-site meeting, they might be. It can be confusing. An attorney can listen to your story and help you determine if you're eligible to file a work comp claim. Claim Filing Workers' comp claims need to be filled out completely, timely, and accurately. Any mistakes or delays in the paperwork can lead to a denial of benefits. Attorneys have the experience necessary to ensure claims are filed with the best chance of approval. Appeals If your workers' compensation claim was rejected, an attorney will know the proper steps to take to appeal the claim denial. Pursuing an appeal without an attorney can reduce the odds of a successful appeal. Litigation The ability to file a lawsuit in a workers' compensation claim is limited in California. However, should the circumstances necessitate litigation, an attorney will know the steps needed to file a lawsuit with the courts. Answers Questions The Law Office of Scott Warmuth knows that injured workers have questions. We do everything possible to ensure our workers' compensation clients receive answers. Securing legal representation can help injured workers receive the help they need when they need it most. Call 888-517-9888 today for a free consultation.[/vc_column_text][/vc_column][/vc_row]

Share This Post

DUI Arrests Up Dramatically from Independence Day 2018

Topics: Criminal Defense

Jul 09th, 2019

Share This Post

[vc_row][vc_column][vc_column_text]Over a thousand drivers were arrested for driving under the influence (DUI) during the maximum enforcement period conducted by the California Highway Patrol (CHP) over the long 4th of July weekend. The enforcement campaign was in effect from Wednesday 6:00 p.m. to Sunday 11:59 p.m. The maximum enforcement campaign in 2018 was shorter due to Independence Day landing on a Wednesday, but a comparable time frame in 2019 saw a more than 50 percent increase in arrests. Overall, 1,317 drivers were arrested in 2019. In 2017, a similar 4-day enforcement period saw 1,244 DUI arrests. While arrests for DUI increased by nearly 6 percent in 2019, traffic fatalities were down 32 percent from 2017 numbers. An arrest for suspicion of driving under the influence can cause a massive disruption to one's life. Whether a misdemeanor or felony, a DUI conviction can result in jail time, loss of driving privileges, and costly fines. This is why it's incredibly important to hire a skilled DUI defense attorney. Our expert legal team works to ensure that the outcome of every DUI case and trial is fair and just. Your DUI defense attorney can objectively examine all the evidence and circumstances regarding your arrest and work to limit the extent of legal penalties you face. Receive a free consultation with our criminal defense team today by calling 888-517-9888.[/vc_column_text][/vc_column][/vc_row]

Share This Post