Understanding the Legal Aspects of a Truck Accident

Truck accidents are like those terrifying nightmares you don’t want to come true. However, the sad truth is that truck accidents are increasingly becoming common. Since trucks are large and often carry colossal weight, even a slight mishap can cause catastrophic damage and personal injuries. If you have met with an accident with a truck and want to sue the trucking company, you should start looking for a Virginia Beach accident lawyer.

Unfortunately, determining who is liable for the personal injuries and wrongful death in a commercial truck accident is complicated.

Understanding who is liable in a truck accident.

Determining who is liable for a car accident is fairly easy. However, it can be tricky to identify who is accountable for the accident when it involves commercial trucks. Typically, a commercial truck accident involves more than one party. So, there could be several potentially liable parties for the accident.

The driver does not own most semi-trailer trucks. Different companies are responsible for maintaining, operating, and safely regulating the trucks and drivers. Thus, it’s often difficult to prosecute such truck accident cases.

Parties involved in a trucking accident include:

  • The truck driver.
  • Shipping companies.
  • Loading companies.
  • Manufacturers of the truck parts.
  • Employer of the truck driver.

Various regulations govern the operations and maintenance of the truck and the driver. Although these federal rules are put in place to regulate the drivers’ working hours and ensure the safety of everyone, they often make it hard to determine who is at fault for the accident. It takes qualified lawyers from the best personal injury law firms to gather relevant evidence and prove the case. 

Circumstances when truck drivers are held liable for truck accident

In truck accidents, it’s common to place liability on the truck drivers for negligence. Although truck drivers thoroughly checked and offered extensive training, they are, after all, humans. Drivers tend to commit human errors while driving, which may lead to accidents. In fact, mistakes while driving is one of the leading causes of truck accidents.

  • A truck driver can be held accountable for the collision in the following circumstances.
  • The accident is caused due to driver fatigue.
  • The driver got distracted while driving the truck.
  • The driver failed to stop at signals.
  • The driver was found speeding, tailgating, or recklessly driving.
  • The driver was drunk driving
  • The driver was driving at an unsafe speed around a construction zone
  • The driver’s medical condition renders him unfit to drive the truck
  • The driver failed to take the required break

What leads to truck driver negligence? 

 While there are many circumstances where the truck driver is at fault for the accident, other factors can also lead to mishaps. Most trucking companies that operate and regulate truck drivers offer incentives to drivers for extra miles and longer hours. If a trucking company pressurizes the driver to meet unrealistic deadlines, the drive may fail to take adequate rest. When a driver is over worked-up and driving continuously without taking a break, accidents may happen. In such a scenario, the trucking company will be partially accountable for the accident and injuries. The victim can sue the truck driver as well as their company.

Understanding what State Income Tax Rate is.

Every state imposes income tax on its residents. State income tax works in three ways. A state may impose a progressive income tax, a flat tax, or no tax at all. As compared to the federal income taxes, state income taxes are not talked about often. However, state income tax laws can significantly affect your earnings, savings, and lifestyle. Thus, consulting a tax law firm becomes crucial when filing state income tax returns.

What is a state income tax?

As the name implies, a state income tax is imposed on the income earned in that state. While federal income is similar to the state income tax, the latter is used to fund state budgets.

So, how do state income tax rates work?

Every state in the U.S uses one of the three approaches to impose a tax on its residents.

  • No tax: A state may choose not to levy any state income tax on its residents.
  • Flat tax: A state may tax all income or dividends at the same rate.
  • Progressive tax: A state may choose to impose a higher income tax on people with higher taxable incomes.

If you live and work in the same state, you will need to file only one state income tax return each year. However, if you moved to another state or lived and worked in different states or income-producing properties in multiple states, you will have to file several income tax returns. If you fall into the latter category, consulting an experienced taxation lawyer will help you avoid confusion over filing the return.

States with no income tax

In the U.S, eight states don’t levy an income tax. These states are Texas, Nevada, Alaska, Florida, South Dakota, Tennessee, Wyoming, and Washington. Additionally, New Hampshire imposes a 5% tax on interest and dividends.

While one might be tempted to move to states with no income tax, the chances are that other taxes like property taxes, sales taxes might be higher than usual.

States with flat income tax rates

In the U.S, ten states levy flat income tax rates on their citizens. However, what is considered as ‘income’ in these states can be different than other states. In comparison, some states apply income tax rates on adjusted gross income, while some states levy tax on taxable income.

States with progressive tax structures

A majority of U.S states tax income similar to the federal government. States with progressive tax rates levy higher income tax on residents who earn a higher income. Most states charge lower income tax as compared to the federal government. Many state income tax rates range between 1% to 10%. While states with high-income tax charge anywhere between 13% to 14% tax. Besides this, there are other taxes like sales taxes, fuel taxes, utility taxes imposed on the residents.

If you live in a state with a progressive tax structure, you must seek help from a tax law firm to prevent income tax filing mistakes.

Four Steps On How To Effectively Get Started On Estate Planning Amidst COVID-19

The COVID-19 pandemic has changed people’s perspectives and most have gravitated their attention towards their futures, security, and safety.

Aside from the fear of COVID-19 transmissions, most medicare lawyers near me share a common consensus that people are more conscious about their state of health, finances, and the welfare of their families in the event of an untimely death.

Many compelling factors have made people review their financial status and consider finding help for estate and probate planning that was brought to the limelight by the Coronavirus crisis such as lower valuation, lower interest rates, and high estate and gift exemptions.

If you are going the route of initiating your estate planning goals, you could start searching for legal support from wills and estate lawyers near me.

To get you started, here are the four basic steps to get you going on your estate planning strategy.

Conduct an estate plan review

Having a simple estate review plan will help you understand and assess your options in the event of an untimely death.

Your review and assessment could include determining where your assets would go or who are your heirs to it, estimated estate tax owed to the government upon your passing, and your liquidity analysis of how your estate taxes would be paid.

Re-assess your current estate plan and check if it could achieve your goals

If you have an existing estate plan, you can weigh your options based on the current conditions and see if it would help you achieve your goals such as if it is still compatible with what is important to you, will it help you have peace of mind, or if it will give you the confidence that you are leaving a good legacy.

Discuss your current plans with your wills or estate lawyer

 If you need to make adjustments or modifications to your estate plans, then this is the stage where you discuss it with your estate attorney.

Your attorney would be the best person to help give you a thorough evaluation of your plan and see if your revised preferences would be compatible with your plan or if there are better options to work with that may not have entered your mind.

Finalize your estate plan

Once you have accomplished all the steps, then it’s time to finalize your estate plans such as drafting or revising the provisions of your document, obtain the valuations, and initiate the filing of your appropriate tax returns.

Five Critical Mistakes To Avoid If You Want To Win A Personal Injury Case

When filing for a personal injury claim, you must get the right advice and know-how to move forward.

The process can be a bit confusing and challenging to those who have experienced it for the first time, so the need to ensure that you are properly guided and do not make critical errors that could jeopardize the outcome of your personal injury case.

Here are some of the most critical mistakes you need to avoid to win a personal injury case.

Hiring the wrong lawyer

This is why hiring the best workers comp attorney near me is a smart and practical move, rather than hire any lawyer who can give you the cheapest rates.

Lawyers who specialize in specific areas of law establish credibility with the court, defense attorneys, and insurance adjusters. They can increase your chances of achieving your desired outcome for your personal injury claim.

Getting someone without a track record to show

When you ask for proofs to show that they have handled and won personal injury cases but could not provide them, then you should consider finding one who has the track record for it.

There are just too many unknown and unexpected factors in personal injury litigation that only a personal injury attorney can understand and address.

Getting a lawyer who hesitates to go to trial

When a lawyer is not confident in representing you for a personal injury lawsuit, instead, recommend agreeing on an initial offer for settlement, then you should stop entertaining the idea to hire that lawyer.

A good number of cases resulted in closing a settlement, with the injured party later realizing that they got a reasonably low settlement value. Your ideal personal injury defense lawyer will not hesitate to go to trial if things do not work out favorably for their client during settlement negotiations.

Hiring someone who will not guarantee full representation

This is a recipe for disaster from the get-go, because not only will you be kept hanging when you end up in court with your lawyer absent from the trial proceedings you also do not have the assurance that your lawyer can dedicate his or her time and professional best to help you win your case.

Getting someone who does not have a strategy

When a lawyer opts not to go the extra mile to plan legal strategies to approach your personal injury case, you increase the likelihood of losing your case.

In summary, finding the best workers comp attorney near me is critical to the success of your personal injury lawsuit, so make the right decision to find the ideal one to represent you and perform their best to help you win.