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Reducing the Risk of Common Causes of Car Accidents

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Car accidents happen, and if your driving is determined to be the cause of a crash, several negative consequences can follow.  It's in every driver's best interest to not be the cause of a car accident.  We have some driving tips that can be used to prevent some of the most common causes of car accidents. Drunk Driving Not only is drunk driving one of the most common causes of car accidents, it is also one of the most deadly.  Please do not drink and drive.  Penalties for drunk driving are severe and could land a perpetrator in prison. Distracted Driving Not paying enough attention to the roads is a quick way to cause an accident.  The use of handheld devices while driving is illegal in California due to the dangers it poses.  Talking on the phone without the use of a hands-free setup and texting can lead to fines by law enforcement.  Other examples of distracted driving include things as simple as using a GPS and adjusting the radio station or climate control.  Always do your best as a driver to pay attention to the road. Speeding Driving too fast can cause accidents, and the faster you're going, the more likely a crash is to involve serious injuries.  Pay attention to posted speed limits and always consider the driving conditions. Weather Speaking of driving conditions, rain, snow, and fog can lead to dangerous driving conditions.  Slow down and turn on your headlights!  Wet roads are slippery roads, making it harder to stop a moving car.  Fog limits visibility, making it less apparent that you need to stop.  For inclement weather, be sure to only use your low beams and fog lights.  High beams, or brights, will actually harm your visibility and poses a danger to other drivers. Not Following Traffic Instructions Many crashes happen because a driver ignores traffic signals or other posted signs.  Many times these types of accidents occur in conjunction with drunk or distracted driving as well.  Every driver should know that a red light means stop, but if you're reading a book while driving you might not notice the red light coming up.  Following the rules of the road can prevent many of these types of accidents.

Car Accident Lawyers in Southern California

Even if you are not making any driving mistakes, someone else probably is. If you've been involved in an accident through no fault of your own, we can help. The Law Offices of Scott Warmuth can help drivers, passengers, and pedestrians who are injured in a car crash recover financial compensation for their injuries. Call us today at 888-517-9888 to receive a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Stay Safe on the Streets Tonight

Topics: Personal Injury

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[vc_row][vc_column][vc_column_text]It's Halloween!  Trick-or-treaters may be up for a fright, but probably not one that involves a car speeding through a residential neighborhood.  If you are out on the roads tonight, slow down and take extra caution; there may be plenty of children out on the streets this evening looking to fill their plastic pumpkins with candy. Parents, if you're taking your children trick-or-treating this evening, consider adding something reflective to their costumes.  This will make them more visible to drivers and help to prevent accidents.  You could also ensure that your children have a full range of vision by not using masks that could make it more difficult to see cars on the road. The CDC estimates that pedestrians are at four times the normal risk of being involved in a fatal crash on Halloween night.  Be safe out there. From all of us at the Law Offices of Scott Warmuth, have a safe and spooky Halloween![/vc_column_text][/vc_column][/vc_row]
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Temporary Disability Benefits and Eligibility

Topics: Workers' Compensation

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[vc_row][vc_column][vc_column_text]Temporary disability benefits provide injured workers with a safety net if they are unable to perform their job duties after a work-related injury or illness.  In general, if you are admitted to the hospital or are unable to work for at least three days and are not offered alternate job duties paid at the same rate, you can seek temporary disability cash payments.  Benefits can last for up to 104 weeks in the five year period following your injury and are only paid while you are recovering from your injury or illness.  Certain injuries and medical conditions are eligible for 240 weeks of benefits. The amount of benefits received depends on whether or not you are able to work.  For workplace accident victims who are completely unable to work, temporary total disability benefits are two thirds of your average weekly wage, with a maximum of $1215.27 per week (in 2018).  Injured workers who can perform the same job duties with reduced hours or can perform alternative job duties at reduced pay are eligible instead for temporary partial disability. Recipients are able to recover two thirds of their lost wages. Lost wages are easier to calculate than one would expect: your average weekly wage minus your weekly wage.  For example, if you typically make $1000 in a week and your reduced work schedule or alternative work duties pays $700 per week, your lost wages are $300.  Temporary partial disability would pay two thirds of those lost wages, in this example, $200. Temporary disability payments are as they say, temporary.  Benefits are halted when you are cleared to return to work, you begin earning wages at or above your average weekly wages, are declared permanent and stationary, or have received 104 weeks of benefits. TD payments end when your doctor clears you to return to work, you begin working modified or alternate work at your regular wages, you are declared “permanent and stationary”, or you have received up to 104 weeks of TD benefits within five years from the date of the injury.  Certain injuries and conditions may receive up to 240 weeks of TD benefits within five years of the injury, but most do not. Have you been injured at work and lost wages as a result?  Call the Law Offices of Scott Warmuth today.  We can help you answer any questions you may have about temporary disability benefits under California workers' compensation law.  We can help  you apply too.  Call us today at 888-517-9888 for a free consultation.[/vc_column_text][/vc_column][/vc_row]
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Delayed Injury in a Car Crash

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Immediately after a car crash, emotions run high.  So too does adrenaline.  It's fairly common for car accident victims to feel "okay" in the aftermath of a crash.  It's also fairly common for those same people to begin to experience pains in their necks, backs, extremities, and more as the adrenaline wears off.  It could take several hours, or even several days, for car accident victims to realize that they were injured in the crash.  Many may have even told their insurance companies that they were not injured. If you have been in a car collision and begin to feel aches and pains hours or even days after the crash, it is very important to see a doctor ASAP, even if you've told the insurance company you are not injured.  Do not delay.  If you do not receive medical treatment for injuries sustained in the car accident as soon as symptoms arise, it becomes more difficult to prove to the insurance company that your injuries were caused by the crash. It is also important to notify your insurance company that you are seeking medical treatment.  Insurance companies follow standard criteria to evaluate the type and severity of every injury.  One of those criteria is how quickly you sought and received medical treatment after your crash.  If you have already retained an attorney, he or she will notify the insurance company on your behalf. Dealing with insurance adjusters can be tricky if you do not have an attorney.  Claimants who do not have legal representation will be contacted directly by insurance adjusters.  It's very important to avoid contradictory statements and actions when speaking with an adjuster.  For example, if you say you're suffering from a lot of pain but have been skipping medical treatment, adjusters will assume your injuries are not as bad as you say. Car accident lawyers at the Law Offices of Scott Warmuth help our clients obtain the most financial compensation possible by providing expert advice.  We speak to the insurance companies on our clients' behalf so they can focus on their medical treatment.  If you have been injured in a car crash, call our offices today at 888-517-9888 to receive a free consultation. [/vc_column_text][/vc_column][/vc_row]
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Community Outreach Events

Topics: Events, From Our Office

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[vc_row][vc_column][vc_column_text]Last week, the Law Offices of Scott Warmuth attended community outreach events at Rio Hondo College in Whittier and at Sabor de Mexico Lindo in Huntington Park. At Rio Hondo College, immigration attorney Yesenia Acosta provided an informative seminar on the current state of immigration law in the United States. And at Sabor de Mexico Lindo, the Law Offices of Scott Warmuth booth gave away some promotional materials and answered questions festival attendees may have had about the legal process. We took some pictures at both of the events, which can be found below! For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3252" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3251" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row][vc_row][vc_column width="1/2"][vc_single_image image="3253" img_size="full" add_caption="yes" alignment="center"][/vc_column][vc_column width="1/2"][vc_single_image image="3254" img_size="full" add_caption="yes" alignment="center"][/vc_column][/vc_row]
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Ending of Temporary Protected Status Halted After Court Ruling

Topics: Immigration

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[vc_row][vc_column][vc_column_text]Temporary Protected Status (TPS) is an immigration status that prevents the deportation of foreign nationals who were in the United States at the time of a natural disaster, outbreak of war, or other extraordinary situation in their home countries.  The program was established nearly 30 years ago as part of the Immigration Act of 1990.  TPS designation is subject to the review of the government every 18 months.  The Trump administration decided not to renew TPS protections for several countries, including El Salvador, Haiti, Sudan, and Nicaragua.  The ending of TPS for these countries would usually mean that their nationals need to leave the United States within 18 months of losing protected status. That 18 month time period is now on hold after a federal judge in California issued an injunction against the end of TPS after finding that the Trump administration lacked any justification for ending the program.  Finding that discrimination appeared to be a motivating factor for ending the protections, the judge pointed out that ending TPS with discriminatory intent is a violation of the U.S. constitution's equal protection mandate.  The federal judge did not rule on the merits of the case, but found enough evidence to place the planned end of the protections on hold while the case proceeds through the courts. The story of TPS will continue to develop over the next few months.  Read the full news story here. The Law Offices of Scott Warmuth helps clients with temporary protected status seek permanent residence in the United States.  For a free immigration consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Debate Over Cash Bail Reforms Continue after Legislation Signed

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]The debate in California over the benefits and risks of ending cash bail has been loud ever since the California Supreme Court ruled that the existing bail system was unconstitutional.  On August 28th, Governor Jerry Brown signed the bill abolishing cash bail into law, with the rules and regulations scheduled to be implemented next fall.  However, many advocates for ending cash bail are concerned that the new law will actually increase pretrial detention. When cash bail is eliminated, judges will begin to use computer software to determine if suspects are a threat do public safety or a flight risk.  The software is expected to look at numerous piece of information about the suspect and the alleged crimes and assign a low, medium, or high risk value.  However, the results of the valuation are still subject to judicial oversight.  Prosecutors will be able to pursue pretrial detention for any defendant, and judges could ignore the software's analysis and jail anyone facing a crime.  Many criminal justice advocates believe that SB 10 is a recipe for more pretrial detentions and possible racial or socioeconomic discrimination. The algorithm to determine whether or not someone should face pretrial detention is not yet determined, and SB 10 is not clear in what is acceptable.  It's possible that the criteria will be different in every California county, leading to an uneven application of justice.  It is likely that the new law will face litigation prior to being implemented. See the full news story here. The Law Offices of Scott Warmuth works to ensure that criminal defendants are treated fairly and justly by the law.  If you or a loved one is facing legal troubles, our criminal defense attorneys can help.  Call 888-517-9888 for a free defense consultation. [/vc_column_text][/vc_column][/vc_row]
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New Draft Regulation Would Restrict Green Card Availability

Topics: Immigration

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[vc_row][vc_column][vc_column_text]There are many qualifications and restrictions for immigrants applying for a green card.  One such restriction is that potential green card recipients must not be considered a 'public charge'.  To be considered a public charge, the immigrant would have to be accepting cash welfare under programs like the Temporary Assistance for Needy Families (TANF) and Social Security Insurance (SSI) programs.  The Trump administration is seeking to expand the definition of 'public charge' in order to restrict immigration. The proposed regulation issued by the Department of Homeland Security (DHS) seeks to give United States Citizenship and Immigration Services (USCIS) more leeway to reject more green card applications.  In addition to cash welfare, applications could be denied if an immigrant has used benefits from Medicaid, the Medicare prescription drug program, food stamps, or the Section 8 housing program.  The change does not appear to be retroactive, and only benefits used after the new regulation has taken affect will be considered. Making the entire process more complicated is that using the aforementioned programs does not automatically label an immigrant a public charge.  There appears to be a formula that takes into consideration what kind of benefits are used and how long those benefits were used.  The formula also takes into consideration the green card applicant's household income, personal health, family size, age, and whether or not he or she has health insurance.  Applicants may also be able to pay the government to overlook them as public charges.  The new regulations have been whispered about for a while and have caused many immigrants to stop using public assistance programs. Immigration law is already complicated.  Changing the standards by which immigrants apply for a green card will only make things more complicated.  The Law Offices of Scott Warmuth offers expert legal advice to immigrants who wish to live and work legally in the United States.  We offer free initial consultations at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]
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Uber, Lyft, and Liability

Topics: Auto Accident

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[vc_row][vc_column][vc_column_text]Uber and Lyft have changed the way we travel.  Rideshares, however, are still just cars on the road, susceptible to auto accidents.  After an accident in an Uber or Lyft happens, the question of liability arises.  If you have been injured in an Uber or Lyft, whether as a passenger or driver, you probably want to know who is responsible for your injuries. Passengers are covered by an insurance policy, regardless of who is at fault for the accident.  Both Lyft and Uber provide liability coverage to its drivers with a minimum coverage limit of $1,000,000 per accident.  If a passenger is injured in an Uber and it was the Uber driver's fault, the passenger can pursue an insurance claim for medical bills and pain and suffering.  If it was not the Uber driver's fault, the company provides underinsured/uninsured motorist coverage at the same $1,000,000 per accident level.  Bystanders, called third parties, are also covered.  If a bicyclist, pedestrian, or another driver is injured in a crash, they too are covered by Uber's insurance policy. For drivers, the insurance rules are a bit more complicated.  Lyft summarizes their coverage for drivers in a helpful graphic.  If a Lyft driver is not using the app, the driver is covered by his or her own personal insurance policy.  If the driver has the Lyft app open and is waiting for a passenger, they are covered by reduced-level liability only insurance of up to $100,000 per accident.  If the driver is picking up a passenger or has a passenger in the vehicle, they are covered by the $1,000,000 liability insurance, uninsured/underinsured motorist coverage, and contingent collision and contingent comprehensive coverage.  Uber insurance has a similar structure to Lyft, with similar coverage limits. Even with the Uber and Lyft insurance coverage explained it can be confusing.  If you have been injured in an accident involving a Lyft or Uber, car accident attorneys can help make sense of the situation.  The Law Offices of Scott Warmuth provides expert legal guidance to the victims of car accidents and can help you recover from your injuries physically and financially.  For a free consultation, call 888-517-9888 today.[/vc_column_text][/vc_column][/vc_row]
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Marijuana-related Arrests Down 56 Percent After Prop 64

Topics: Criminal Defense

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[vc_row][vc_column][vc_column_text]Proposition 64, the California Marijuana Legalization Initiative, was on the 2016 ballot in California.  The purpose of the ballot proposition was to allow the legal recreational use of marijuana under California state law.  The ballot initiative passed with 57 percent of voters in favor.  Prop 64 completely decriminalized possession of a small amount of marijuana and small levels of cultivation for adults aged 21 and older.  While Prop 64 did not eliminate all crimes associated with marijuana, it has significantly decreased the number of arrests. According to the 2017 crime report released by the State of California Department of Justice, marijuana arrests dropped by 56 percent, with felony marijuana arrests dropping 74 percent.  Because of Prop 64, many marijuana-related charges were dropped from felony to misdemeanor.  NORML, a cannabis legalization advocacy group, has a helpful breakdown of what is and is not currently legal under California marijuana law. Under California law, individuals can possess up to one ounce of marijuana legally, but possessing more than one ounce is considered a misdemeanor.  Individuals can also cultivate as many as five plants without breaking the law.  Having six or more marijuana plants is a misdemeanor.  The sale or delivery of any amount of marijuana or drug paraphernalia to adults is still a misdemeanor, and sale of any amount of cannabis to a minor is still a felony.  Only dispensaries licensed by the State of California that also have local permits are allowed to sell recreational marijuana. It is still illegal to drive while high.  For your own safety and for the safety of others on the road, do not drive under the influence of drugs or alcohol. The Law Offices of Scott Warmuth offers a robust legal defense to people charged with violations of marijuana law, as well as driving under the influence of marijuana.  For a free legal consultation, call us today at 888-517-9888.[/vc_column_text][/vc_column][/vc_row]