Georgia’s New Voting Law

What Is Georgia’s New Voting Law?

Legal AssistantCivil Rights, Constitutional Law

On March 25, 2021, Georgia State governor Brian Kemp signed the Election Integrity Act of 2021 into law. The Act, which was originally referred to as Georgia Senate Bill 202, makes several controversial changes on how voting will be conducted in the southern state.

Proponents of the Republican legislation cite the changes necessary to safeguard future elections in the state and restore voter confidence in the entire process.

Opponents criticize the move stating that the law was born out of false claims perpetuated by the Republican Party of widespread voter fraud in the November 2020 defeat of presidential incumbent Donald Trump.

What is Georgia’s new voting law all about, and how does it change the way elections are administered in the state? Here’s everything you need to know.

Georgia Voting Law Explained

Why is Georgia voting law controversial? The answer to this question depends on who you ask.

The new Georgia voting law is a massive piece of legislation. Opponents and proponents of the law are focused on the impact the different sections of the Act will have on future elections in the state.

To better understand what the new changes look like, here are the comprehensive details of Georgia voting law.

Absentee Voting

One of the biggest changes to Georgia voting laws 2021 has to do with mail-in absentee voting. An estimated 1.3 million voters used that method in the November 2020 polls.

In the new law, individuals aged 65 and over, in the military, living overseas, or those with a disability will still be able to apply for a ballot once during the election cycle. However, the earliest they can send in their mail-in request is 11 weeks before the election date, as opposed to six months prior, as was previously the case. This cuts the request window by more than half.

Additionally, the deadline by which an application needs to be completed and returned has been moved up as well. Voters are now required to return the completed application two Fridays before the election date instead of the Friday before D-day, as was previously the case.

Proponents of the new Georgia voting laws in 2021 welcomed the move citing that it will cut down on the number of rejected ballots coming in after the deadline as a result of the tight turnaround.

Counties will also be required to start sending out absentee ballots four weeks ahead of the election date. This is three weeks later than what the previous law provided.

New ID Rules

The identification rules governing the request or return of ballots have also been changed up. Voters will be required to provide their driver’s license number or a state ID number while requesting and returning their ballot. Individuals who don’t have any of those credentials will need to submit a copy of an acceptable form of voter identification.

Georgia’s new voting law also provides the option for online application submission. The Office of the State Secretary launched an online request portal that voters can access using their driver’s license number or state ID number.

Poll workers will then use that information to match it against the voter’s name, date of birth, and address, for identity verification. Additionally, they will have to sign an oath swearing that the information provided is accurate. This change replaces the previous procedure where poll workers check the voter’s signature on the application and compare it against what they have on file.

Unsolicited Applications and New Third-Party Rules

According to the new law provisions, local and state governments are now prohibited from sending unsolicited applications. Additionally, third-party entities that send out applications must ensure they’re clearly marked in a legible font, stating that the applications are not official government publications and that they are not ballots. The Act also requires them to clearly state the name of the entity sending the blank request.

The third-party group rules also prohibit them from sending applications to voters who have already requested or cast an absentee ballot. The law imposes stiff penalties for each duplicate they send out.

The Appearance of the Absentee Ballot and Envelope

The newly enacted voting laws in the state also affect the way the absentee ballots and envelopes look. According to the Georgia Election Integrity Act of 2021, each absentee ballot will be printed on a special security paper. The voter’s precinct and ID will appear at the top of the ballot.

Once the voter fills in the circles to vote for their chosen candidate, they’re required to place the ballot in the envelope it came with, which will have their name, signature, and driver’s license number, state ID number, or the last four digits of their Social Security Number. To protect the voter’s privacy, all sensitive information will be hidden once they seal the envelope.

Instant Runoff Ballots

In addition to the primary or general election ballots, military personnel and overseas voters will receive an extra set of ranked-choice ballots. In the event there’s a runoff, voters will be able to rank their choice candidates for specific races (ahead of time) and mail them back alongside their primary or general election ballots.

Drop Boxes

Secure absentee drop boxes are now part of Georgia state law. These did not exist during the last election. According to the new law, each of the 159 counties is required to have at least one dropbox, capping that number at one box for every early voting site or one box for every 100,000 active voters – whichever is less.

The boxes will be situated within the early voting premises as opposed to outdoors on government property. The new law also states that voters will only access drop boxes during early voting hours/days instead of 24/7, as was previously the case.

Additionally, the new law gives the Georgia State Board of Elections a much narrower scope within which it can enact emergency rules to authorize the release and distribution of drop boxes. The law requires the board to provide ample notice of proposed emergency measures – a far cry from the leeway it previously had.

Georgia Voting Law Early Voting

This is arguably one of the biggest changes to the existing voting laws in the state. The new legislation expands access to early voting in most counties with the addition of Saturday mandatory voting and codifying the voting hours on Sunday as optional.

Counties can now have extended voting hours between 7 a.m. and 7 p.m. at the maximum or 9 a.m. to 5 p.m. at the very minimum. Individuals who already live in large metropolitan areas may not notice the difference in the expanded early voting. In other counties, however, voters will see longer hours during weekdays, plus an extra day over the weekends.

Mobile Voting

The new voting law also prohibits the use of mobile voting buses except in instances where the Governor declares an emergency. This means that if you reside in Fulton County, the mobile polling stations that had been purchased by the county to help with the long queues will no longer be used to cast ballots.

Additionally, if there are closures or any other changes in polling venues, the new Georgia law requires clear notice of what those changes are, one of which includes putting up a 4×4 foot sign that displays the location of the new venue.

Food and Beverage Regulations

Food and Beverage Regulations

There’s also a new rule prohibiting anyone other than poll workers from handing out water to voters queuing to cast their ballot. It also outlaws passing out food or beverages to any voter situated within 150 feet of the polling building, inside the building premises, or within 25 feet of any voter in the queue.

Nonetheless, depending on the venue in question, third-party groups can still have food and beverages available since it is possible for voting lines to extend beyond 150 feet of the polling station.

Reporting Requirements

Other changes to early voting brought on by the Election Integrity Act of 2021 include requiring counties to provide daily publicized reports on the total number of voters who cast their ballots in person, as well as the number of absentee ballots issued, returned, rejected, and accepted. Additionally, the polling venues for early voting, and their respective voting times, must be published publicly in advance.

In-Person Early Voting During Runoffs

The law further tightens the rules governing runoffs. According to the novel legislation, early voting after a primary or general election should kick off “as soon as possible.” It calls for early in-person voting Monday to Friday, the week before the election date.

These new guidelines mean that a county may not be able to offer early voting on the weekend given the short duration poll workers have to finish the first primary/general election before preparing for the runoff immediately after.

Vote Counting

One of the most widespread complaints from voters during the 2020 election was the delays experienced in some counties when it came to releasing their final results. There were also complaints about missing batches of ballots and concerns about why the vote-counting process was still not complete by election night.

Georgia’s new voting law now allows local officials and poll workers to begin processing – not tabulating – absentee ballots two weeks leading up to the election date. The law also puts forth a new rule that requires counties to count all the ballots from start to finish with no breaks in between from the moment polling stops and complete the vote-counting process by 5 p.m. the following day.

Local officials are also required to report and post the cumulative number of ballots cast via absentee voting, provisional ballots, ballots cast during early voting, and those cast on Election Day. These numbers need to be posted by 10.00 p.m. on election night to provide the public with a better understanding of the total number of potential outstanding votes while the poll results trickle in.

As far as provisional ballots go, the new Georgia voting law excludes out-of-precinct provisional votes unless they were cast after 5 p.m. The voter is also required to sign a statement confirming that they were unable to make it to their home precinct in time to cast their ballot.

Given the new requirement for counties to finish tallying their votes by 5 p.m. the day following the election, the certification deadline for state legislators has also been moved up to six days after poll closure instead of the 10-day window that was there previously.

State Board of Elections

The changes in the new voting law also affect the Georgia State Election Board, which undoubtedly affects the local elections offices. For starters, the State Board will no longer be chaired by the Secretary of State. Their role will instead be relegated to non-voting, ex-officio membership.

The new board chair will be nonpartisan and an appointee of the state legislature (the House and the Senate). To become chair, the individual should not be a candidate, have previously participated in any political party, or be affiliated with any political campaign. Provisions of the new voting law also stipulate that the chair should not have made any monetary contributions to any campaign for the two-year period leading up to their appointment.                                         

List of Companies Against Georgia Voting Laws

Several companies across the country voiced their opposition against Georgia’s new voting law. State-based giants Coca-Cola Company and Delta Air Lines issued separate statements to denounce the bill.

Other companies that condemned the new laws include:

  • American Express
  • Ariel Investments
  • Bank of America
  • Citigroup
  • Facebook
  • Google
  • Home Depot
  • JPMorgan Chase
  • Merck & Co.
  • Microsoft
  • Porsche North America
  • UPS

The unifying sentiment expressed by these companies is that the new laws make it harder for Americans to exercise their constitutional right to vote. Republican lawmakers who backed the bill criticized this backlash calling for the public to boycott Coca Cola and other brands that opposed the new legislation.

Click here to view the full Georgia new voting law text.

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virginia gun laws

Virginia’s New Gun Laws Effective on July 1, 2021

Legal AssistantUncategorized

Virginia state legislators recently passed a series of laws aimed at curtailing the rising incidences of gun violence. The Democrat-sponsored bills received widespread backing from groups such as the Coalition to Stop Gun Violence and Moms Demand Action.

The new Virginia gun laws, which took effect on July 1, 2021, have also elicited mixed reactions from state residents, with some factions terming it as government overreach. Others welcomed the move, citing it as a step in the right direction to tighten gun ownership laws.

That being said, here’s everything you need to know about the new Virginia gun laws in 2021.

One Handgun per Mouth

The one-handgun-a-mouth law that was previously in force between 1993 and 2012 was resurrected by Hampton legislator Sen. Mamie Locke. The new law makes it illegal to purchase more than one handgun over a 30-day period. According to the legislation’s provisions, individuals found to be flouting this new rule will be charged with a Class One misdemeanor which carries a fine of $2,500, a penalty of one year jail time, or both.

The only groups exempt from this law include private security firms, antique firearms dealers, concealed handgun permit holders, correctional officers, and law enforcement personnel. It also does not apply to private sales.

The gun legislation provides a mechanism through which an individual can request the government for special permission to purchase more than one gun in a single month, provided they submit to an advanced background check conducted by the Virginia State Police.

The whole premise of the new law is to significantly minimize the number of people who come in from out of state to buy guns in bulk through illicit straw purchases or those who are simply looking to purchase multiple guns at a go.

What Is a Class One Misdemeanor in VA

A Class One misdemeanor charge in Virginia is the most serious of all misdemeanor offenses in the state. It is punishable with a fine of up to $2,500, 12 months in jail, or both.

Generally, if state legislators fail to designate a specific misdemeanor or punishment for violating a law, the crime in question is automatically prosecuted as a Class One misdemeanor.

This conviction stays on your record permanently and is publicly available unless you get your records sealed or expunged.

Reporting Lost or Stolen Firearms

This novel law makes it mandatory for state residents to report a lost or stolen gun within 48 hours once they discover it missing. Failing to report a missing firearm carries a civil fine of $250.

The police will then enter the lost/stolen firearm information into the National Crime Information Center database. This effectively exonerates the gun owner of any liability resulting from harm done using the gun once they reported it missing.

Gun Restrictions in Cities and Counties

Newport News Del. Cia Price pitched the new law that gives supervisory boards and city councils the authority to ban firearms on government premises, community/recreational centers, public parks, and outdoor areas hosting permitted events.

The provisions of the legislation require these areas to post notices in plain view letting the public know that firearms are prohibited within the locality. Hampton is one of the several localities in Virginia that’s considering implementing the ordinance.

Opponents of the new law have voiced their concerns over its intermittent nature. Some critics argue that it is not practical to outlaw the possession of firearms in one jurisdiction, only for it to become legal once you cross over to a neighboring one that has no such laws in force.

Since the new law took effect, guns are now banned near Capitol grounds. The General Assembly has also made it illegal to carry firearms within 40 feet of polling sites.

Universal Background Checks

Universal Background Checks

The new Virginia firearm laws make it mandatory for anyone involved in the private sale of a gun to run a thorough background check on the buyer. Failure to do this will be a violation of the law, and both the seller and buyer can be charged with a Class One misdemeanor.

Critics of the new law argue that it should not be mandatory for sellers to do background checks on buyers when selling a firearm to a trusted friend or family member, citing that it will only make the process more difficult and expensive for gun owners.

The Virginia Citizens Defense League, Gun Owners of America Inc., and Gun Owners Foundation, alongside three other plaintiffs, filed a lawsuit in Lynchburg Circuit Court alleging that the new law is a “gross overreaching infringement” on its citizens’ right to own and bear firearms.

Red Flag Law

The Red Flag law allows a magistrate or judge to issue an emergency 14-day “substantial risk” order, prohibiting an individual from bearing a firearm provided there is probable cause to believe that it poses a danger to others or themselves.

While this assertion would be subject to an investigation, a law enforcement officer or commonwealth’s attorney can submit an affidavit declaring that the individual in question is dangerous. A court hearing would then be conducted within 14 days to determine if the emergency order needs to be in place for a longer duration.

If the court finds probable cause based on “clear and convincing evidence,” a magistrate or judge can issue a longer order of up to 180 days. Once that period has elapsed, the law enforcement officer or commonwealth’s attorney can petition the court for a 180-day extension, although that would require another hearing.

The whole idea behind the Red Flag law is to deter those facing a mental health crisis from harming themselves or others.

Other Laws

Additional gun laws that have been enacted include elevating the penalty for leaving a loaded gun near a child aged 14 and below, from a Class 3 misdemeanor to a Class 1 misdemeanor.

Moreover, any individual served with a permanent protective order is required to surrender their firearm within 24 hours.

When Do Virginia’s New Gun Laws Go Into Effect

The new Virginia gun laws go into effect on July 1, 2021.

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What Is a Contingency Fee?

Legal AssistantBusiness Law

You’ve likely come across ads on television with a dashing attorney in a tailored fit suit saying something along the lines of “…we don’t get paid unless you do…”

If you’re currently in the middle of a sticky legal situation with limited financial resources to fight it in court, ads like that sound extremely promising. What you may not be aware of is that they’re referring to a contingency fee arrangement.

While it almost sounds too good to be true, it is a legitimate form of billing that some attorneys use to take on cases without charging the usual hourly fees. What is a contingency fee, and how exactly does it work? Here’s everything you need to know about it.

How Does a Contingency Fee Arrangement Work?

Attorneys receive payment from clients in exchange for legal representation. They are in business, after all.

Nonetheless, it is not unusual for clients to find themselves in need of legal services after a slip and fall incident or car accident without the money required to retain the services of an experienced lawyer. In such instances, a personal injury lawyer may decide to take on the case on a contingent fee basis.

A contingency fee is a payment made to an attorney for their legal services. It is only recovered once the client is awarded some kind of monetary compensation at the end of a lawsuit.

For instance, if you were injured as a result of using a defective product, and you launched a product liability claim to recover damages, the payment to your attorney for legal representation would be “contingent” upon winning the case at trial or receiving a suitable settlement for your personal injury suit. Your attorney would then take a cut of the recovery amount.

The exact contingency fee percentage will vary based on a wide range of factors. The two biggest ones, however, are:

1. The Risk and Complexity of the Case

The riskier and more complex a case is, the higher the payment a contingency fee lawyer is likely to request. If your case has a lot of moving parts, witnesses, at-fault parties, as so forth, you can expect to pay anywhere between 33% and 40% of the damages awarded.

On the flip side, a relatively straightforward case will likely attract a significantly lower contingency fee, somewhere in the realm of 20% to 30% of the damages.

2. The Associated Litigation Costs

Even in instances where a lawyer is willing to work at no cost whatsoever (“pro bono”), there will always be expenses that come with filing a personal injury lawsuit. These may include:

  • Filing fees – Filing a case in court isn’t free. To file a complaint in federal court, for instance, you’ll need to part with about $400.
  • Discovery costs – Anytime you have a civil lawsuit on your hands, several depositions will be required. This would typically involve paying for transcription services and hiring a court reporter. A deposition that lasts seven hours, for instance, could easily cost up to $1,000.
  • Expert witnesses – Having an expert witness testify on your behalf could set you back a few thousand dollars for them to analyze your case, prepare a comprehensive report, and testify in court.
  • Compiling evidence – Obtaining certified copies of public records, medical documents, and other relevant inventory can cost a few hundred dollars at the very least.
  • Overheads and incidentals – If your case has lots of paperwork involved, copying and postage expenses could potentially set you back a few hundred dollars.

If you win the case at trial, you’re usually the one expected to foot these costs. In a standard contingency fee agreement, you will be required to pay for litigation costs after your attorney gets their contingency fee from the recovery.

Why Do Lawyers Take Cases on Contingency?

Happy people in meeting

First off, let’s get one thing clear. The interests of lawyers that work on contingency are aligned with those of the clients they represent.

An attorney will only agree to take on a case on a contingency fee arrangement if the lawsuit in question has a high chance of success.

[Related Article: Top 7 Reasons Why Lawyers Won’t Take Your Case]

The larger the amount the lawyer can recover for their client, the higher the amount of money they get in contingency fees. This is a huge incentive for the lawyer to maximize the recovery they can get on behalf of their client.

The other benefit to the attorney is that the client will be able to afford the legal fees, no matter what. If a client were to hire an attorney to work on a standard retainer arrangement, there’s a high likelihood of the retainer amount running out long before the case concludes.

It’s a lose-lose either way you slice it since the client will no longer be able to afford legal representation, and the lawyer loses revenue. A contingency fee arrangement, however, gives the lawyer an opportunity for a massive payday.

If a client wins a $5 million settlement in a personal injury suit, and the lawyer’s contingency fee is 33%, meaning they take $1.65 million of the recovery, receiving such a huge amount in legal fees is more plausible than expecting a singular client to pay close to $2 million on standard hourly rates.

What Is the Standard Contingency Fee for an Attorney?

A contingency fee agreement outlines the costs covered in the fees versus what’s not. It may include expenses like court fees, expert testimony, certified records, etc.

The precise amount of contingency fees depends on the risk and complexity of the case in question, the litigation costs, the time and effort the attorney puts into the case, their experience and reputation, and lots more.

The most common contingency fee percentage for most attorneys is 33.33%, which amounts to a third of the recovery. If the case goes to trial, the percentage charged will be much higher.

Some contingency arrangements offer slight variations of the traditional model. For instance, a lawyer may opt for a contingency-hourly arrangement that mixes hourly fees with contingency fees.

If a lawyer bills you $200 per hour, they may only require you to pay $50 per hour until the conclusion of the suit, at which point they’ll then recover the remainder of the fees from the damages awarded.

Ask the Right Questions

If you believe you have a solid legal claim, a contingency fee arrangement can prove to be a useful tool in your case. Ensure you understand how your attorney’s contingency fees are structured so that you know exactly what you’re agreeing to.

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Vehicle Recall with sign on the piece of paper

Vehicle Recall Laws – What Is a Vehicle Recall?

Legal AssistantBusiness Law

According to Title 49 Chapter 301 of the United States Code, motor vehicle safety is defined as the performance of motor vehicles or vehicle equipment in a manner that safeguards the public against the unreasonable risk of accidents that may result in injury or death, stemming from a defect in their construction, design, or performance.

In the best-case scenario, car recalls are inconvenient. They force consumers to take time out of their busy schedules to get their cars repaired.

In the worst-case scenario, however, vehicle recalls mean that the cars have defective parts that may have contributed to an accident that resulted in severe injuries or fatalities.

If you are a car owner whose vehicle is part of a recall, there are several things you need to be aware of, including what your rights are in such cases. This article delves deep into everything you need to know about vehicle recall laws.

What Is a Vehicle Recall?

A vehicle recall is a process through which a vehicle manufacturer voluntarily recalls (or the National Highway Traffic Safety Administration (NHTSA) compels a manufacturer to recall) a vehicle because a particular aspect of its design has failed to meet the federal standards of safety. A recall could also be due to a safety-related manufacturing defect.

It’s important to mention that as daunting as manufacturer-initiated or NHTSA recalls may sound, it doesn’t always mean that the vehicle in question is unsafe to drive. It simply means that several owners of a particular car model have experienced a specific issue with it. Once the manufacturers become aware of it, they invite consumers to seek repairs on the car.

If there’s a recall issued on your vehicle, it doesn’t mean that the entire unit needs replacement. Only the defective part(s) will be fixed or replaced.

Just recently, Ford Motor Co. announced that it was recalling more than 85,000 2021 F-150s and 2020/2021 Super Duty trucks. The Ford recalls were the result of windshield defects. In the notice, the carmaker stated that the windshields for the affected vehicles might not be adequately bonded to the body of the truck, meaning they may not stay in place during an accident.

The Toyota recall of certain 2021 RAV4 Prime models is another example. The recall was issued due to defective headlight aiming caps that failed to comply with the Federal Motor Vehicle Safety Standards.

The defect allows for the horizontal adjustment of the headlight beam, which, in turn, increases glare and reduces visibility for oncoming drivers.

Truck in mountains

The Vehicle Recall Process

The first phase of a recall involves the discovery of a defective part on a motor vehicle. This then leads to one of two types of recalls – vehicle recalls by manufacturer or NHTSA recalls.

In some instances, the carmaker may discover a defect in one of its vehicle models and initiate a recall voluntarily. In other cases, consumers may encounter an issue in the vehicle and file a complaint with the dealership, manufacturer, or government regulator. Depending on the gravity of the defect and the number of reports received, a recall might be required if safety concerns are in question.

More often than not, a manufacturer will issue a voluntary recall on defective cars since it reflects better on the company than having to comply with a government-issued directive for a recall.

The NHTSA, the federal agency responsible for conducting motor vehicle safety investigations, will kick start the recall process by sending a request to the carmaker to recall a specific defective vehicle model. Alternatively, the NHTSA may bypass this method altogether and simply order the manufacturer to recall the defective cars or equipment.

When Is a Vehicle Recall Necessary?

The federal requirements for motor vehicle safety outline specific minimum performance standards for the parts of a car considered critical for its safe operation (such as brakes and tires). They also outline the minimum standards required to protect the vehicle occupants in the event of a crash (such as safety belts and airbags).

These safety requirements apply to all vehicles and vehicle equipment certified for use on public highways and roads, whether or not the vehicles are manufactured in the United States or imported for sale in the country. Any time a vehicle or piece of equipment fails to meet these safety standards, a recall becomes necessary.

Once a car is determined to have a particular defect, the manufacturer has three options under the provisions of vehicle recall laws.

  1. Repair: In this option, the carmaker fixes the defect at no cost to the consumer. This remedy usually applies to small defects that can be easily repaired.
  2. Replace: In this option, the carmaker replaces the defective vehicle at no cost to the consumer. This is usually the remedy when the issue cannot be fixed. The replacement vehicle has to be a similar model or identical to the original one.
  3. Refund: In this option, the manufacturer issues a refund for the purchase. The amount to be reimbursed takes into account the depreciation cost of the vehicle.

Keep in mind that these same remedies also apply to makers of car accessories such as child safety seats. Additionally, if you had already incurred some expenses for repairing an issue that is later the subject of a recall, you are entitled to a refund for the cost of service.

Types of Recalls

Recalls generally fall into one of two categories – safety-related recalls or non-safety-related recalls.

A safety-related recall is issued when there’s a problem with the motor vehicle or equipment that poses a safety risk to the car occupants or other road users. Such issues may apply to a specific group of vehicles from the same manufacturer.

Common examples of safety-related defects that may be potential causes of car accidents and/or injuries include:

  • Faulty gas pedal
  • Faulty braking system
  • Defective tire or wheel that breaks or cracks resulting in the partial/complete loss of control of the vehicle
  • Failure of critical vehicle components that may breakdown, separate, or break resulting in the partial/complete loss of control of the vehicle
  • Failure of steering components that may result in the partial/complete loss of control of the vehicle
  • Failure of seats or seat backs while the vehicle is in use
  • Faulty windshield wiper assemblies that may result in the reduction or obstruction of the driver’s view
  • Airbag issues such as failing to deploy properly
  • Breakage of engine cooling fans that may pose a danger to the mechanics of the vehicle
  • Issues with the wiring system that may result in the loss of lighting or a fire

Common examples of non-safety-related defects:

  • Dysfunctional radios
  • Excessive oil intake
  • Faulty air conditioning components
  • Frequent wear of braking mechanisms, exhaust systems, batteries, and shocks
  • Leaky oil and fuel systems
  • Poor paint quality, body panel rust, or other blemishes

Car Emissions Recalls

Car Emissions Recalls

Aside from the safety-related and non-safety-related recalls listed above, the federal government requires motor vehicles to meet specific emission standards to preserve the environment and ensure that air pollution is kept at a minimum.

Therefore, vehicle manufacturers are required to design and assemble their cars in compliance with the existing federal emission standards. These are applicable throughout the lifetime of the vehicle.

The Clean Air Act gives the Environmental Protection Agency (EPA) the authority to compel manufacturers to recall their vehicles if they don’t comply with the federal emission guidelines.

Does My Vehicle Have a Recall – How to Check for Vehicle Recalls

Once a vehicle model is found to be defective, and the manufacturer begins the recall process, the affected consumers will usually receive a notice. The law requires carmakers to notify the registered owners of the affected vehicles and the buyers of recalled cars.

State agencies usually provide carmakers with lists of all the registered owners of the recalled vehicles to facilitate this process. The notice contains important information about the defect in question and how to go about getting the issue fixed.

Additionally, you could do a vehicle recall check on the NHTSA safety issues and recalls database to find out if your car has a recall on it.

All you have to do is enter its 17-character Vehicle Identification Number (VIN) in the database to find out if it needs repair as part of a recall. The VIN is located on the lower left part of your car’s windshield. You can also check for it on your vehicle’s registration card or insurance card.

Do Vehicle Recalls Expire?

While a vehicle recall does not technically have an expiration date, carmakers are only required to provide a free remedy to defective cars that are not more than 15 years old.

According to the NHTSA, car owners are only eligible for a free remedy if the vehicle with the recall is no more than 15 years old at the date when the non-compliance or defect is first established.

However, keep in mind that under the provisions of this law, the “age” of the car is calculated from the date the original sale was made when it was brand new. Any repair on a recalled vehicle that’s older than 15 years is done at the owner’s sole expense.

Car Recalls and Lawsuits – What Are Your Rights?

While a car recall requires manufacturers to issue consumers with a free remedy, the remedy in question does not cover any injuries or damages you may have sustained as a result of the defect. Nonetheless, federal laws give you the right to file a defective product lawsuit against the carmaker.

This means that a victim involved in a car accident due to an auto-related defect has a legal claim to damages and can recover monetary compensation for medical bills, lost wages, and any other relevant damages.

Federal laws are tough when it comes to such matters. They hold carmakers to a high standard of care when it comes to ensuring that the vehicles and equipment they manufacture do not endanger the lives of passengers and other road users.

Nonetheless, for your claim to hold up in court, you’ll need to show that you were using the vehicle in a manner that the manufacturer intended. The burden of proof rests on you demonstrating that the carmaker acted negligently or made an error during the car’s production.

Proving Negligence

A product liability lawsuit would require you to prove that:

  1. The vehicle manufacturer had an obligation to manufacture a vehicle that was safe for use;
  2. The manufacturer failed in this obligation by designing or manufacturing a defective vehicle;
  3. The accident in question was the direct result of the vehicle defect;
  4. The accident resulted in physical injuries, permanent disability/disfigurement, lost wages from missed days from work, medical expenses, psychological injuries, and any other kind of harm.

If your car was defective when you first bought it, and you ended up sustaining injuries while using it, you’ll need to get in touch with a defective product lawyer to explore all the options for legal recourse available to you.

For instance, if a defective tire or faulty brake pads caused you to lose control of your vehicle, resulting in injuries, you can seek damages in a civil lawsuit, in addition to the manufacturer recall remedies you’re entitled to.

Talk to an Experienced Attorney

Once you become aware of a vehicle recall on your car, you should not drive it. Driving your vehicle after you’ve been informed of a defect and subsequently getting involved in an accident may hold you partially liable for the resulting damages. You may not recover the maximum compensation you’re entitled to in a product liability suit against the vehicle manufacturer, even if the car defect was the direct cause of the crash.

Regardless of the specific circumstances surrounding your accident, get in touch with a defective product lawyer as soon as possible to explore the various avenues through which you can sue for damages.

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Tesla Autopilot Crash

Tesla Autopilot Crash: The Future of Autonomous Vehicles

Legal AssistantBusiness Law

In 2015, the Guardian made a rather bold prediction that road users would become permanent backseat drivers by 2020. While there certainly has been tremendous growth in the autonomous vehicle industry, the leading names in tech still have a long way to go before self-driving cars replace human drivers entirely.

Fully autonomous vehicles are still largely out of reach except in special trial settings. You can buy a self driving car that automatically brakes for you in anticipation of a collision or one that helps you keep to your lane when driving down a busy highway. However, if the current crash statistics are anything to go by, saying that fully self-driving cars are here would be a bit of a stretch.

The National Highway Traffic Safety Administration (NHTSA) has launched investigations into 27 crashes involving Tesla vehicles. In the most recent Tesla Autopilot crash that occurred in Spring, TX, near Houston, two people died after the vehicle rammed into a tree and caught fire. Investigations into the incident revealed that no one was in the driver’s seat at the time of the crash.

With this latest incident, the viability and future of autonomous vehicles have been called into question. Is the technology ready? Is there cause to worry? This article explores the answers to these questions and more.

How Do Self-Driving Cars Work?

Tech and automaking engineers have been working on perfecting self-driving car prototypes for several decades now. The basic idea behind their operation is quite straightforward:

Simply outfit a car with several cameras that can accurately track all stationary and moving objects around it. If the car gets onto a collision course with any one of those objects, it should be able to react and respond accordingly. Load the onboard computers with software that understands the road rules and then allow the car to steer itself to the desired destination.

Artificial Intelligence vs. Human Intelligence

While that description may appear simple, designing a car to operate with human-level cognitive ability is a lot harder than it seems. It’s not enough for a car to simply follow a list of road-related rules to be able to drive as well as humans do. There are lots of things drivers do that are virtually impossible for computer-ran cars to replicate.

For instance, drivers do things like making eye contact with other road users to confirm who has the right of way at an intersection, reacting to hazardous weather conditions, making quick judgment calls in the face of danger, and lots of other subtle cues that are impossible to encode in software algorithms.

Even programming a car to track the objects around it is a lot harder than it sounds. Take the Google self driving car developed by the tech giant’s sister company Waymo. The self-driving vehicle uses light detection and ranging technology (lidar) along with high-resolution cameras to estimate the distance and depth of objects around it by reflecting light and sound off them.

The computers in the car then combine this data to create a picture of where pedestrians, cyclists, vehicles, and obstacles are as it moves through traffic. To achieve this, a massive amount of training data is required.

This is drawn from millions of miles of driving inputs that Waymo has garnered over a long duration to build near-accurate expectations about all the possible ways other objects on the road might behave.

Given how difficult it is to amass such huge amounts of training data, Waymo engineers also use simulated data to train their vehicles. They need to be certain that the AI systems can draw accurate generalizations from the simulated data and transfer it to real-world situations.

While that may be far from a comprehensive description of how self driving car companies do what they do to get their autonomous vehicles to drive without any human intervention, it goes to show the complexities involved in implementing even the simplest of human capabilities.

Tesla Self Driving Car

In October 2020, a select group of Tesla car owners was chosen to receive a software update. The update in question automatically downloaded into their car computer systems to give the vehicles better steering capabilities and allow for acceleration without any human intervention whatsoever.

It essentially meant that the cars would now be able to navigate through traffic without drivers having to use their hands and feet.

Despite receiving a lot of criticism from safety advocates and other self-driving car companies that questioned whether Tesla’s new cutting-edge technology for fully autonomous vehicle capability was ready, the company stuck to its guns.

This was presumably in a bid to beat the competition by becoming the first automaker to launch the biggest fleet of fully self-driving vehicles owned by ordinary consumers.

A coalition consisting of Waymo, Uber, Ford, and General Motors’ Cruise issued a joint statement indicating that Tesla’s vehicles could not be considered “truly autonomous” since they still required supervision from an active driver.

Nonetheless, despite the skepticism expressed by the carmakers, Tesla went ahead to launch the new feature since self-driving technology is not heavily regulated in the US.

How Does Tesla Autopilot Work?

The critics of Tesla’s 2020 move argued that the carmaker was forging ahead without incorporating a key piece of hardware that nearly all self-driving car companies had integrated into the design of their vehicles.

The hardware in question: Lidar sensors. These devices are usually placed on the external parts of the vehicles to detect the precise size, depth, and shape of surrounding objects in real-time. They even work in extreme weather conditions.

Tesla opted to go against the grain by using a different type of radar technology linked to an advanced neural network, alongside a collection of HD cameras mounted on the vehicles.

While the company’s technology can detect pedestrians, other vehicles, and some obstacles such as trees, safety experts argue that it cannot adequately detect the true depth and shape of some of the objects it encounters.

This means that if, for instance, the vehicle was approaching a rig from the rear, it may not be able to accurately distinguish between a truck and a semi-trailer truck.

Tesla CEO, Elon Musk, described lidar as pricey and redundant, claiming that anyone who relied on it was “doomed.” He further stated that the company would not incorporate the technology into any of the Tesla vehicles even if they got it “for free.”

Tesla Autopilot vs Full Self Driving

While other autonomous vehicle companies, including GM’s Cruise and Waymo, have been using controlled pilot programs to test their self-driving cars, Tesla went ahead to put its technology in the hands of consumers. This, in effect, meant that any risk arising from a vehicle or software malfunction would be absorbed entirely by ordinary car owners.

However, the Tesla CEO stated in an October 2020 tweet that the rollout of the Full Self-Driving Beta feature dubbed “FDB” would be controlled and cautious. Despite this reassurance, hundreds of thousands of users reported receiving the new software update by the end of that month.

According to the company website, Tesla Autopilot is a superior driver assistance program designed to reduce a driver’s overall workload behind the wheel. The system consists of 12 ultrasonic sensors, radar technology, a suite of eight external HD cameras, and an onboard computer.

The Tesla Autopilot system offers two packages to consumers: Full Self-Driving (FSD) and Autopilot. Here’s a brief overview of the features in each package.

Tesla Full Self-Driving Capability

  • Automatic lane change
  • Automatic parallel and perpendicular parking
  • Autopilot navigation
  • Auto-steering on city streets
  • Mobile app or key vehicle summoning
  • Stop sign and traffic light control

Tesla Autopilot

  • Auto-steering within discernible lane markings
  • Traffic-aware cruise control to match the vehicle speed to that of the surrounding traffic

The website further indicates that both functions – FSD and Autopilot – are intended to be used with a “fully attentive driver” behind the wheel who should be ready to take over at any moment if the need arises. It also states that the presence of these features does not make the vehicles fully autonomous.

The NHTSA indicated that it was prepared to take legal action against the company if the new features posed any threat to public safety. The agency requires drivers to maintain full attention on the road at all times regardless of whether the vehicle in use is fully self-driving or not.

Tesla Autopilot Accident

Tesla Autopilot Accident

The company has been dogged by a myriad of safety concerns over the new Autopilot features. Several regulatory investigations into multiple crashes involving the carmaker’s vehicles have been launched. Several of these accidents have resulted in injuries and fatalities.

Despite this, Tesla has repeatedly come out to defend its Autopilot system, stating that the feature exists only to assist the driver rather than operate the car entirely. Ultimately, it is the driver who is responsible for the safe operation of the vehicle.

Tesla Autopilot Death

In the April 2021 crash that killed two passengers in Houston, Texas, reports indicate the vehicle – a 2019 Tesla Model S – was traveling at high speeds down a winding road when it failed to negotiate a curve. The vehicle subsequently crashed into a tree, bursting into flames on impact.

According to the Tesla CEO, the data recovered from the onboard computer showed that Autopilot was not enabled in the car at the time of the crash, despite investigators asserting that there was no driver behind the wheel at the time of the accident.

Mr. Musk further stated in a tweet that for the Autopilot feature to turn on, it requires visible lane lines on the road, which were not present on the street where the accident happened.

Nonetheless, despite the Tesla CEO coming out in defense of the company’s technology, many reports have since emerged that the vehicles’ Autopilot feature can be rigged into operating without a driver present.

Consumer Reports engineers investigated these claims on a Tesla Model Y. They confirmed that the vehicle not only failed to ensure that the “active driver” was fully attentive but also could not distinguish whether or not there was a driver behind the wheel. According to the engineers, the so-called Autopilot safeguards put in place by Tesla proved insufficient.

Tesla Battery Fire

Additional reports of the April Model S crash emerged, indicating that the battery fire kept reigniting even after firefighters worked tirelessly to extinguish the flames. Although they managed to put out the initial fire, the vehicle continued to smolder and ignite four hours after firefighters first arrived on the scene.

Nonetheless, this is not the only incident in which a Tesla Model S battery burst into flames. The NHTSA opened investigations into alleged battery defects that cause fires in older Tesla SUVs and sedans.

In a lawsuit filed by several Tesla car owners, the plaintiffs’ attorney alleges that the company modified the battery software in older Tesla models to lengthen the charging times and lower the range. It sought to find a solution for the battery defects.

Google Car Crashes Into Bus

In February 2016, a Google self-driving car was involved in a crash after it rammed into a bus in California. The vehicle, which was moving at 2 mph, pulled out in front of the public bus traveling at 15 mph.

Although there was a human behind the wheel of the self-driving car, the driver indicated that they had assumed the bus would slow down to allow the car to pull out and merge into the traffic. As a result, they failed to intervene and override the vehicle’s self-driving mechanism.

Google stated that it had since refined its algorithm to make smart cars aware that large vehicles such as buses and trucks are less likely to yield to smaller vehicles. Fortunately, no one was harmed in the incident.

Autonomous Vehicle Lawsuit

The family of a man who lost his life in a fiery accident while driving his Tesla has filed a lawsuit against the company for wrongful death, alleging negligence resulting from false promises and malfunctions of the Autopilot system. According to the man’s family, the deceased was led to believe that the vehicle was “safer” than a human-operated car.

This is just one of several lawsuits against autonomous vehicle companies, whose advertising and marketing campaigns have left consumers with an overly inflated impression of the driverless technologies’ true capabilities.

The Bottom Line

Full self-driving vehicle technology still has a lot of kinks to iron out. The main thing to keep in mind is that active driver supervision is required regardless.

If you or a loved one was involved in a Tesla Autopilot accident or battery-related incident, get in touch with an experienced attorney as soon as possible to help you get the compensation you deserve.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Mass shooting incident

Who Is Held Liable After a Mass Shooting Incident?

Legal AssistantCriminal Law

The country has witnessed a rising number of mass shooting incidents in Texas, Georgia, Indiana, Minnesota, Nevada, and Colorado in recent years. In 2019 and 2020, there were a total of 417 and 610 reported mass shootings, respectively.

This year alone, the US has averaged roughly one shooting incident a day, and if past mass shooting statistics are anything to go by, that number is expected to rise in the coming months.

As these incidents become deadlier and more frequent, more questions are being raised on the potential compensation victims of gun crimes are entitled to and who the liable parties in such situations are. The answers may not be as cut-and-dry as you might expect.

Here’s everything you need to know.

Mass Shooting Definition

What exactly constitutes a mass shooting? The definition used ultimately depends on the data source in question. The Gun Violence Archive, for instance, defines it as an event where at least four or more people, excluding the shooter, are shot or killed. Other sources have a higher victim threshold for a shooting incident to be classified as a “mass shooting.”

The 2012 Investigative Assistance for Violent Crimes Act defines “mass killing” as an incident where at least three or more people are killed in a single event. This definition, however, does not take into account individuals who get injured and ultimately survive the shooting.

Most metrics point to the fact that mass shooting incidents are on an upward trend. However, they still make up a negligible portion of all the recorded gun deaths that occur in the country, despite the attention drawn to incidents such as the tragic 2017 Las Vegas mass shooting.

Who Is Held Liable After a Mass Shooting Incident?

According to the American Bar Association (ABA), the individuals and businesses that could potentially be targeted in a civil lawsuit after a mass shooting incident vary widely depending on the circumstances surrounding the event in question. Liable parties may include:

  • Employers at the shooter’s place of work
  • Event organizers/promoters
  • Family members and/or friends of the shooter who were aware of the shooter’s intentions but failed to take appropriate steps to avert their plan
  • Gun retailers where the shooter bought their weapons, particularly if they were  illegally acquired
  • Law enforcement authorities for failing to intervene appropriately or investigate an active shooter who displayed violent or suspicious behavior in the time leading up to the event
  • Mental health providers such as psychiatrists who fail to act on statements made by their patients before a shooting incident
  • Operators/owners of the businesses/premises where the shootings occur
  • Organizations that failed in their duty to submit information to law enforcement authorities to disqualify the shooter from being allowed to own a firearm
  • Private security companies
  • Straw buyers if the firearm used by the shooter was purchased on their behalf by someone else

Statistics have shown that perpetrators had exhibited suspicious behavior in more than 75 percent of mass shooting incidents and made concerning remarks beforehand.

It is, therefore, the responsibility of an employer or a venue owner/operator to identify a potential threat and employ risk reduction or prevention protocols to avert that threat.

The absence of such protocols increases the likelihood of a venue/business/employer/school board being held liable for a mass shooting.

The 10 Deadliest Mass Shootings

Deadliest Mass Shootings

The death toll from the infamous 2019 El Paso shooting was 23, making it one of the deadliest mass shootings in recent times. However, it’s not the only one. Below is a list of mass shooting incidents with some of the highest reported death tolls.

  1. The Harvest music festival in Las Vegas, NV, in 2017: The incident left 59 people dead and hundreds of other Vegas shooting victims injured in the attack.
  2. Pulse nightclub in Orlando, FL in 2016: 49 people died and 50+ injured.
  3. Virginia Tech in Blacksburg, VA in 2007: 32 people were killed, and 17 others injured.
  4. Sandy Hook Elementary School in Newton, CT in 2012: 26 died in the attack.
  5. First Baptist Church in Sutherland Springs, TX in 2017: 26 people lost their lives.
  6. The El Paso shooting in TX in 2019: 23 people were killed, and 26 others injured in the Walmart incident.
  7. Luby’s Cafeteria in Killeen, TX in 1991: 23 people died in the incident.
  8. McDonald’s in San Ysidro, CA in 1984: 21 people died.
  9. Marjory Stoneman Douglas High School in Parkland, FL in 2018: 17 people died in the shooting.
  10. The University of Texas Tower in Austin, TX, in 1966: 16 people were killed in the incident.

It is worth noting that two of the incidents on the list above were mass school shootings.

MGM Lawsuit

MGM Resorts International, the parent company of the Mandalay Bay Hotel, Las Vegas (the venue of the Harvest music festival where 59 people lost their lives and hundreds of others were injured in a mass shooting incident in October 2017), was sued by more than 4,000 plaintiffs citing the hotel’s lax security protocols as being the reason why the shooter was able to gain access to the venue.

Two years later, the company agreed to pay $800 million in the MGM lawsuit settlement to compensate the victims and their loved ones for the losses, medical costs, emotional pain, and suffering they experienced in the wake of the shooting.

El Paso Shooting Lawsuit

Following the Walmart incident of 2019, the El Paso shooting victims filed lawsuits against the shooter, his kin, and the owner of 8chan, the online message forum where the perpetrator had posted alarming racist remarks before opening fire on shoppers at Walmart.

The lawsuit accuses the defendants of acting negligently by being aware of and encouraging hate-motivated violence. Other victims of the shooting have also sued Walmart, accusing the retail giant of negligence which resulted in the loss of lives.

Talk to an Experienced Attorney

If you or a loved one was a victim in a mass shooting incident, it is within your rights to recover compensation in a lawsuit against the liable parties.

However, such cases are marred with complicated liability issues that continue to unfold in the justice system to date. The best thing to do would be to get in touch with an experienced attorney as soon as possible to explore all the available avenues for legal redress.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Deadliest Freeways

Deadliest Freeways in the US

Legal AssistantPersonal Injury Law, Resources

Cars and trucks are a necessary part of modern-day existence. You likely use your car multiple times a day, whether you’re commuting to and from work, dropping off and picking up your kids from school, or running errands. You rely on your vehicle to get from point A to B conveniently – unless, of course, you live in a big city.

Our country’s freeway system makes transportation so much easier. All you have to do is hop on to one of the highways, and you’ll get to your desired destination in no time. Without it, we would have no choice but to take backroad after backroad, which, as you can imagine, would be pretty inconvenient.

Anytime you hit the freeway, you face the possibility of getting into a car accident despite observing all the traffic laws. Car accident statistics show that some highways pose a higher risk of accidents than others. With that in mind, we’ve put together a comprehensive list of the 25 deadliest freeways in the US.

How Many People Die in Car Accidents Every Year

According to the Global Status Report on Road Safety released by the World Health Organization (WHO), the total number of car accident deaths per year on roadways worldwide is estimated at $ 1.35 million.

In the US alone, statistics from the National Highway Traffic Safety Administration indicate that the total number of fatalities resulting from motor vehicle crashes stands at 36,096. As a result, the fatality rate per 100 million vehicle miles traveled (VMT) is estimated at 1.10.

The 25 Deadliest Highways in the US

A recent study by Teletrac ranks Interstate 4 as the country’s most dangerous highway based on the number of recorded deaths per mile. However, it is not the only one. More freeway accidents occur per mile in the Southern part of the country compared to the total recorded freeway deaths in Eastern US.

Knowing the roads to avoid could be the difference between arriving alive and not getting to your destination at all. Below are the 25 deadliest freeways in the US, based on the total per-mile fatalities that occurred in the period between 2016 and 2019.

1. Interstate 4

The total number of recorded fatalities per mile on the I-4 is 1.134 with the deadliest stretch of highway being the section between Tampa, FL, and Daytona Beach, FL. The worst hour to be on traveling on I-4 is midnight to 1 a.m., especially on a Sunday. The deadliest city on the highway in Orlando, FL.

2. Interstate 45

The total number of recorded fatalities per mile on the I-45 is 0.913, with the deadliest stretch of highway being the section between Dallas, TX and Galveston, TX. You’re most likely to get into an accident on 45 between 2 a.m. and 3 a.m. on a Saturday. The deadliest city on the highway is Houston, TX.

3. US 192

The total number of recorded fatalities per mile on highway 192 is 0.867 with the deadliest stretch being the section between Four Corners, FL, and Indialantic, FL. The worst hour to be on traveling on the 192 is 7 p.m. to 8 p.m., particularly on Wednesdays. The deadliest city on the highway is Kissimmee, FL.

4. Interstate 17

The total number of recorded fatalities per mile on the I-17 is 0.707 with the deadliest stretch of highway being the section between Flagstaff, AZ and Phoenix, AZ. The worst hour to be on traveling on the I-17 is 2 p.m. to 3 p.m. on a Friday. The deadliest city on the highway is Phoenix, AZ.

5. US 92

The total number of recorded fatalities per mile on highway 92 is 0.706 with the deadliest stretch being the section between St. Petersburg, FL, and Daytona Beach, FL. You’re most likely to get into a highway accident on the 92 between 8 p.m. and 9 p.m. on a Wednesday. If that’s the case, you’ll need a lawyer for car accident cases. The deadliest city on the highway is Tampa, FL.

6. Interstate 12

The total number of recorded fatalities per mile on the I-12 is 0.666 with the deadliest stretch being the section between Baton Rouge, LA, and Slidell, LA. The worst hour to be traveling on I-12 is 1 a.m. to 2 a.m., especially on a Saturday. The deadliest city on the highway is Baton Rouge, LA.

7. Interstate 30

The total number of recorded fatalities per mile on the I-30 is 0.646 with the deadliest stretch of highway being the section between Aledo, TX and North Little Rock, AR. The worst hour to be on traveling on I-30 is 5 a.m. to 6 a.m., particularly on Fridays. The deadliest city on the highway is Dallas, TX.

8. Interstate 95

The total number of recorded fatalities per mile on the I-95 is 0.637 with the deadliest stretch of highway being the section between Miami, FL, and Houlton, FL. You’re most likely to get into an accident on 95 between 2 a.m. to 3 a.m., especially on a Saturday. If this happens to you, you’ll need to get in touch with an experienced highway accident lawyer as soon as possible. The deadliest city on the highway is Jacksonville, FL.

9. Interstate 19

The total number of recorded fatalities per mile on the I-19 is 0.631 with the deadliest stretch being the section between Nogales, AZ, and Tucson, AZ. The worst hour to be on traveling on I-19 is midnight to 1 a.m., particularly on Wednesdays. The deadliest city on the highway is Sahuarita, AZ.

10. Interstate 85

The total number of recorded fatalities per mile on the I-85 is 0.613 with the deadliest stretch of highway being the section between Montgomery, AL and Petersburg, VA. The worst hour to be traveling on I-85 is 4 a.m. to 5 a.m., especially on a Sunday morning. The deadliest city on the highway is Charlotte, NC.

11. Interstate 5

The total number of recorded fatalities per mile on the I-5 is 0.609 with the deadliest stretch of highway being the section between San Ysidro, CA, and Blaine, WA. The worst hour to be on traveling on I-5 is 1 a.m. to 2 a.m. on Sundays. The deadliest city on the highway is Los Angeles, CA.

12. Interstate 10

The total number of recorded fatalities per mile on the I-10 is 0.597 with the deadliest stretch being the section between Santa Monica, CA and Jacksonville, FL.

You’re most likely to get into an Interstate 10 freeway accident between 3 a.m. and 4 a.m., especially on a Saturday. If that’s the case, you’ll need to retain the services of a car and truck accident law firm whether or not you’re at fault.

The two most common 18 wheeler accident causes on the I-10 are driving in a truck’s blind spot and vehicles not merging fast enough into interstate traffic.

More often than not, any truck-related accident on 40, I80 accident, as well as those that occur on major highways like the I-49 and I-55, can be attributed to one of those two factors. The deadliest cities on the I-10 are Houston, TX, and El Paso, TX.

13. Interstate 20

The total number of recorded fatalities per mile on the I-20 is 0.549 with the deadliest stretch of highway being the section between Scroggins Draw, TX, and Florence, SC. You’re most likely to get into an I20 accident between 2 a.m. and 3 a.m., particularly on a Sunday. The deadliest city on the highway is Dallas, TX.

14. Interstate 35W

The total number of recorded fatalities per mile on the I-35W is 0.528 with the deadliest stretch of highway being the section between Hillsboro, TX and Denton, TX. The worst hour to be traveling on I-35W is 2 a.m. to 3 a.m., especially on Thursdays. The deadliest city on the highway is Fort Worth, TX.

15. Interstate 24

The total number of recorded fatalities per mile on the I-24 is 0.527 with the deadliest stretch being the section between Pulleys Mill, IL, and East Ridge, TN. The worst hour to be traveling on I-24 is 1 a.m. to 2 a.m., especially on a Saturday. The deadliest city on the highway is Nashville, TN.

16. Interstate 75

The total number of recorded fatalities per mile on the I-75 is 0.521 with the deadliest stretch of highway being the section between Miami Lakes, FL, and Sault Ste. Marie, MI. The worst hour to be on traveling on I-75 is 4 a.m. to 5 a.m., particularly on Saturdays. The deadliest city on the highway is Atlanta, GA.

17. Interstate 83

The total number of recorded fatalities per mile on the I-83 is 0.506 with the deadliest stretch being the section between Baltimore, MD, and Progress, PA. You’re most likely to get into an interstate accident on I-83 between 5 p.m. and 6 p.m., especially on a Friday evening.

If this happens to you, get in touch with a car accident law firm in your area as soon as possible. The deadliest city on the highway is Baltimore, MD.

18. Interstate 26

The total number of recorded fatalities per mile on I-26 is 0.496 with the deadliest stretch of highway being the section between Kingsport, TN, and Charleston, SC. The worst hour to be traveling on I-26 is 2 a.m. to 3 a.m., particularly on Thursdays. The deadliest city on the highway is North Charleston, SC.

19. Interstate 35E

The total number of recorded fatalities per mile on the I-35E is 0.496 with the deadliest stretch being the section between Hillsboro, TX and Denton, TX. You’re most likely to get into a car or truck accident on I-35E between 4 a.m. and 5 a.m., especially on a Monday. The deadliest city on the highway is Dallas, TX.

20. US 199

The total number of recorded fatalities per mile on highway 199 is 0.488 with the deadliest stretch of highway being the section between Crescent City, CA, and Grants Pass, OR. The worst hour to be traveling on 199 is 11 p.m. to midnight, especially on Thursday nights. The deadliest city on the highway is Grants Pass, OR.

21. Interstate 65

The total number of recorded fatalities per mile on the I-65 is 0.485 with the deadliest stretch of highway being the section between Mobile, AL, and Gary, IN. You’re most likely to be involved in a car accident on 65 between 5 p.m. and 6 p.m. on a Sunday. The deadliest city on the highway is Nashville, TN.

22. US 17

The total number of recorded fatalities per mile on highway 17 is 0.462 with the deadliest stretch of highway being the section between Punta Gorda, FL, and Winchester, VA. You’re most likely to get into a freeway accident while traveling on the 17 between 9 p.m. and 10 p.m., particularly on a Saturday night. The deadliest city on the highway is Charleston, SC.

23. US 11W

The total number of recorded fatalities per mile on highway 11W is 0.462 with the deadliest stretch being the section between Knoxville, TN, and Bristol, VA. The worst hour to be traveling on 11W is 4 p.m. to 5 p.m., especially on a Wednesday evening. The deadliest city on the highway is Kingsport, TN.

24. US 175

The total number of recorded fatalities per mile on highway 175 is 0.447 with the deadliest stretch of highway being the section between Dallas, TX and Jacksonville, FL. The worst hour to be on traveling on 175 is midnight to 1 a.m., particularly on Sundays. The deadliest city on the highway is Dallas, TX.

25. Interstate 66

The total number of recorded fatalities per mile on the I-66 is 0.446 with the deadliest stretch being the section between Strasburg, VA, and Arlington, VA. The worst hour to be on traveling on I-66 is 10 a.m. to 11 a.m., especially on Sunday mornings. The deadliest cities on the highway are Washington, DC, and New Stanton, PA.

Get an Experienced Attorney to Help

There you have it – the 25 deadliest freeways in the US. If you get into a car or truck accident on 101, I-4, I-45, or any other major freeway, get in touch with a competent highway accident lawyer as soon as possible, whether you’re the at-fault party or not.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

What Is a Hate Crime

What Is a Hate Crime?

Legal AssistantCivil Rights, Constitutional Law, Criminal Law

Vandalizing a synagogue with swastika graffiti. Burglarizing an Asian-owned oriental corner store. Burning a cross in the front yard of an African-American family’s home. Physically assaulting a person while hurling racial slurs. These are all clear-cut hate crime examples. They target individuals based on characteristics related to their ethnicity, race, or religion.

The country has witnessed a spike in the number of violent attacks meted on Asian-Americans since the onset of the COVID-19 pandemic a year ago.

This unprecedented rise can be attributed to the rhetoric that holds people of Asian descent responsible for the origin and spread of the coronavirus.

According to federal hate crime data, the levels of reported hate crimes between 2019 and 2020 were at an all-time high in more than a decade.

What exactly constitutes a hate crime? What are the legal repercussions for individuals convicted of such offenses? This article takes a deep dive into the issue to answer both of these questions in depth.

What Is a Hate Crime

The official hate crime legal definition is – A violent act motivated by intolerance intended to intimidate or hurt a person because of their ethnicity, race, religion, national origin, disability, or sexual orientation. If the crime involves the use or threat of force, it may be elevated to a civil rights violation.

You might ask – What exactly makes an offense a “hate crime?” If the perpetrator’s intent is to intimidate and/or hurt an individual simply because of their affiliation with a particular ethnicity, race, or any other identity, it falls within the realm of a hate crime. An individual found engaging in such behavior will be arrested and charged as such.

On the other hand, if someone commits a violent act against another individual for no specific reason, they will likely be charged with assault and battery. 

If the victim happens to be a recent immigrant, and the prosecutors can prove that the perpetrator’s actions were motivated by intolerance for immigrants, it ceases to be a mere assault and battery case. It becomes a hate crime. The burden of proof rests on the prosecution to prove intent for hate crime charges to stick.

You can think of a hate crime as an act of terrorism against a specific community. The violence or threat of it meted against one member of that community is intended to express hatred for the larger group.

For instance, suppose a group of people set fire to a church that is historically frequented by members of the Black community. That action would be considered a hate crime since the act itself is meant to terrorize African-Americans in general instead of the specific congregants who attend that church.

Hate Crimes Prevention Act

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was enacted in October 2009. The federal hate crime law was passed to encourage state and federal law enforcement authorities to work together to address cases related to hate violence.

The statute expands the authority and jurisdiction of federal agencies to allow them to step in, investigate, and prosecute hate crimes when local and state authorities are unable or unwilling to act.

This hate crime legislation goes a step further to expand the scope of the groups that previously enjoyed federal protection against hate-motivated crimes.

This means that in addition to violence and/or intimidation meted on a racial, ethnic, religious, and nationality basis, the Act also includes crimes of intolerance centered on an individual’s gender, gender identity, disability, and sexual orientation.

Since its enactment more than a decade ago, the Department of Justice has successfully prosecuted dozens of cases and even defended the Act’s constitutionality in the wake of constitutional challenges.

Is Hate Speech a Crime

So far, we know what a hate crime is – a violent act or threat that targets a specific group of people based on their race, ethnicity, religion, or any other identity. The question is – Is hate speech considered a hate crime?

Right off the bat, no legal definition under US law exists for what would be deemed “hate speech.” As such, there’s no clear-cut definition for unpatriotic speech, rudeness, evil ideas, or any other form of speech most people would condemn.

Nonetheless, any form of expression through which a speaker intends to humiliate, incite hatred or vilify a class of persons or group of people based on their race, religion, ethnicity, gender, gender identity, sexual identity, national origin, or disability can be regarded as hate speech.

It’s important to mention at this point that hate speech in itself is a First Amendment right. This constitutional protection is enforced on the foundation that the spirit of the First Amendment is to allow citizens to participate in robust debate on issues of public interest, even when such debates degenerate into offensive, distasteful, or hateful speech that instills fear, anger, or grief in others.

The existing First Amendment jurisprudence asserts that hate speech only becomes criminal when it comprises threats of violence against an individual, a class of persons, or a group of people, or if it is used to incite imminent illegal activity.

In other words, if “hate speech” is used to incite violence against an individual or group based on their race, religion, ethnicity, sexual orientation, or any other kind of identity, it effectively becomes a crime.

Hate Crime Laws by State

Currently, 47 states and the District of Columbia have passed and enacted hate crime legislation. While the specific definition of what counts as a hate crime may vary from state to state, most laws generally define it as a crime committed against an individual because of their actual or perceived racial, religious, and ethnic identity, or any other class of protected characteristics.

In some states, hate crime legislation also protects individuals based on their political affiliation, gender expression or identity, or homelessness.

Protected Characteristics

The classifications of what would be considered “protected characteristics” vary widely from state to state. However, in most states, the legislation in place outlaws crimes that target individuals based on their race, religion, ethnicity, disability, and gender.

Several of them had not initially provided legal protections against crimes that targeted people based on their gender expression, gender identity, and sexual orientation.

As of the end of 2020, however, 30+ states amended their laws to include protection against sexual orientation bias, with 20+ of these states offering protection to individuals who are victimized based on their gender identity and gender expression.

Perceived Characteristics

Many states have also enacted laws designed to protect victims from hate or bias based on their perceived characteristics. This is regardless of whether or not those perceived characteristics are correct.

For instance, it is considered a hate crime for someone to physically assault another individual on the belief (mistaken or otherwise) that the person is Muslim. They are still criminally liable even if it turns out that the individual in question is not Muslim.

What Do State Hate Crime Laws Prohibit

Most states generally have three types of laws that criminalize hate crimes.

1. Protection for Institutional Targets

This category of state laws makes it illegal to destroy or vandalize institutions. They include laws that criminalize the defacement and/or destruction of a church, mosque, synagogue, or any other place used for religious worship.

2. Protection for Individuals Based on Their Membership in a Protected Class

These laws make it a crime to use violence or threaten the use of violence against individuals based on their belonging to a protected class. State laws in California, for instance, make it a crime to intimidate, threaten, or injure someone because of their race, religion, gender, sexual orientation, or nationality.

3. Enhanced Penalties for the Underlying Crimes

In such instances, the state prosecutors charge the defendant with the underlying criminal offense, over and above the hate crime charge they’re facing.

Underlying crimes may include arson, assault, or murder. At the point of sentencing, the prosecutor asks for an enhanced penalty since the underlying offense was motivated by bias or hate.

As a result, a misdemeanor assault charge could be elevated to a felony assault based on racially, ethnically, or religiously motivated crime.

While some state laws may allow for enhanced penalties, others limit those protections applying them only to violent crimes or particular offenses such as assault, arson, or harassment.

How State Prosecutors Prove Intent in Hate Crimes

It’s important to keep in mind that not all crimes committed against members belonging to a protected class are considered hate crimes.

For instance, simply because an Asian person was assaulted in a robbery incident does not make the offense an Asian hate crime. If a woman was sexually assaulted by unknown assailants, it does not make it a gender hate crime.

It is only considered as such if the criminal act in question was meted against the victim because of their membership in a protected class.

In the examples above, if there’s no evidence that the Asian individual was assaulted becauseof their race or ethnicity or that the woman was assaulted becauseof their gender, then these crimes would not be prosecuted as hate crimes.

On the other hand, if it can be proven that these individuals were specifically targeted because of their protected characteristics, state prosecutors would elevate the charges to hate crimes.

However, the burden of proof lies with the prosecutors proving to the jury, beyond a reasonable doubt, that the defendant committed the crime because of the victim’s race, ethnicity, gender, or any other illicit reason.

Since proving intent can be a difficult feat, evidence that would be deemed relevant to the case would be:

  1. The defendant’s admission that the criminal act was hate or bias-motivated; or
  2. The defendant’s use of hate slurs at the time of committing the crime.

In most cases, prosecutors usually go after hate crime convictions in the presence of clear-cut evidence of the existence of bias on the defendant’s part.

For instance, if, in the assault and robbery incident of the Asian individual, the perpetrators went on to spray-paint derogatory slogans regarding the victim’s race or ethnicity, it would be compelling evidence that the crime was motivated by hate or bias.

Hate Crime Penalty

While most state laws carry stiff hate crime penalties, some states also offer civil remedies in addition to the criminal penalties that exist in law.

Criminal Penalties

The penalties for hate crimes vary depending on the state where the crime occurs. Nonetheless, in most state laws, hate crimes are classified as felonies. A felony is a crime that’s punishable by more than one year behind bars.

Additionally, some states allow for penalty enhancements which may, in effect, raise the level of the offense – say, from a misdemeanor to a felony or from a second-degree felony to a first-degree felony.

Under federal law, religious hate crimes, LGBT hate crimes, hate crimes by race, and any other hate-motivated offense provided for in the HCPA are punishable by 10 years to life behind bars in federal prison. Some hate-motivated crimes carry the death penalty.

Civil Remedies

In addition to the criminal penalties outlined above, 31 states and the District of Columbia allow victims to sue their hate crime perpetrators in civil court, in line with the applicable civil liability laws of that state. The court may order the defendant to pay damages (monetary compensation) to the victim.

Consult With an Attorney

If you’re the victim of a hate crime, ensure you get in touch with an experienced civil rights attorney as soon as possible. They have the legal expertise to give you the best defense for your case for the best possible outcome and ensure your rights are protected at every stage of the litigation process.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

Best Maritime Lawyers in the US

Best Maritime Lawyers in the US

Legal AssistantMaritime Law, Personal Injury Lawyers, Resources

Maritime law is a legal field that focuses on the rules and regulations governing issues related to navigable waters such as oceans, rivers, lakes, and streams. It also covers some maritime land-based activities. These include loading and unloading of cargo on ships.

If you or a loved one works in a maritime-related industry, you need to familiarize yourself with this branch of law. Maritime cases can be particularly complex, and the federal court system usually has original jurisdiction over them. This, however, does not mean that it has exclusive jurisdiction. Cases involving boating accidents, personal injuries, maritime-products liability, and cargo damage can be litigated in state or federal courts.

Because of the complexities surrounding these types of claims, you need to consult with the best maritime lawyers to ensure that your rights are protected throughout the litigation process. Here’s everything you need to know when to hire a maritime attorney and the types of cases they handle.

When to Hire a Maritime Attorney

Working on sea vessels and offshore oil rigs comes with its own unique set of risks. People in this industry show up to work every day, trusting that they’ll carry out their day-to-day tasks with no incident.

If you’re one of these people, you would want to know that your employer has done everything in their power to provide a safe working environment for you and your colleagues.

If, in the unfortunate event, an accident does happen, you’ll need to retain the services of a competent maritime attorney to help you hold your employer accountable for their negligence. You will need to be protected and compensated for any suffering or injury incurred while you’re out on the water.

Many maritime law cases involve personal injury or wrongful death claims in major maritime disasters and oil rig accidents. Federal law generally governs claims related to seamen and passengers. On the other hand, claims related to land-based employees who work in the maritime industry all fall under workers’ compensation laws.

It’s worth noting that for most personal injury claims, it does not matter who the at-fault party was in an accident that occurred aboard a sea vessel.

The individuals working on the vessel are protected under “maintenance and cure” rights. This ensures that maritime employees get the compensation and medical care they need to achieve a complete recovery.

Maritime Worker Injuries and Compensation

As mentioned before, there are two principal types of maritime workers.

The first category consists of individuals who qualify as “seamen.” A seaman is defined as an employee who spends a substantial amount of their time working as a captain or crew member aboard a vessel – which could be any type of ship or boat – while it is in navigation.

The second category of workers consists of maritime employees who work on or near the water.

The type of compensation you would be entitled to receive in an injury claim depends on which of the two categories of workers you fall in. On the one hand, if you are a seaman, you are not entitled to workers’ compensation under state law. Instead, you can pursue three different types of compensation as provided for in federal law.

  1. You can sue your maritime employer for negligence under the Jones Act
  2. You can sue the vessel’s owner under the maritime doctrine of unseaworthiness
  3. You would be entitled to maintenance and cure compensation regardless of who was at fault

If, on the other hand, you’re a maritime employee who works on or near the water, you would be covered by the Longshore and Harbor Workers’ Compensation Act. While this federal law may be considered a standard workers’ compensation law, it does have some fundamental differences.

For one thing, it provides a significantly higher compensation to injured workers compared to what state workers’ compensation acts offer. The act also provides coverage for workers with a partial or permanent disability. Most state workers’ compensation acts don’t.

If you suffer an injury in a container ship accident while loading or unloading cargo, for instance, you would be covered under this federal act.

What Happens If You Are Injured in a Cruise Ship Accident

So far, we’ve looked at scenarios where maritime shipping employees suffer injuries in their line of work. What about passengers aboard a cruise ship? What kind of compensation would you be entitled to if you were involved in a cruise ship accident while on vacation?

The first thing you need to be aware of is that your ticket stipulates when and where you can file a personal injury claim. In most cases, the time constraint is set anywhere between three and six months.

Keep in mind as well that most cruise ships are registered outside of the United States. As a result, your lawsuit would have to be filed under the applicable national and international laws. Experienced maritime lawyers are familiar with the intricacies of suing the owners of foreign-registered cruise ships.

Best Maritime Lawyers US for 2021

Here’s a list of the top 10 maritime lawyers in the US for 2021:

 Maritime LawyerFirm 
1Andrew CobosThe Cobos Law FirmView Profile
2Kurt ArnoldArnold & ItkinView Profile
3Brian J. PokrywkaLewis Brisbois Bisgaard & SmithView Profile
4Prince W. DonahooDonahoo Law Firm PLLCView Profile
5Paul B. ArenasMarron LawyersView Profile
6Ryan DummSchwabe, Williamson & WyattView Profile
7Cedric D. LoganWheeler Trigg O’Donnell LLPView Profile
8Nola D. JacksonWerner Law, LLCView Profile
9Katherine S. StrawbridgeLewis Wagner LLPView Profile
10Robert E. KoncharSimmons Perrine Moyer Bergman PLCView Profile

Maritime claims are bound by unique statutes of limitations. This means that injured parties, or their next-of-kin, are required to file their claims within three years, or else they risk getting their claims barred. You’ll need to act fast. Consult an experienced maritime lawyer to explore all the options available to you.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.

What Is Wire Fraud

What Is Wire Fraud?

Legal AssistantAdministrative Law, Business Law, Criminal Law, Regulatory Law

Wire fraud is one of the most common crimes federal authorities prosecute on a day-to-day basis. It involves a carefully woven scheme to defraud an unsuspecting victim of money or property.

A criminal will typically employ some means of deceit or deception to lure the victim through concealment, misrepresentation, or a series of false statements.

It is a serious crime under federal jurisdiction and carries with it stiff penalties that may include paying a hefty fine, serving a long jail term, or both. This article explores everything you need to know about wire fraud.

What Is Wire Fraud

The crime of fraud takes many forms. Any scam that takes place over interstate wires constitutes wire fraud. Phishing scams, telemarketing fraud, and spam-type schemes all fall within this realm.

The wire fraud definition is rather wide and includes any signals, signs, sounds, pictures, or writings transmitted via cable/wire, television, or radio in foreign or interstate commerce. For a scam to be classified as wire fraud, it needs to have the following elements:

  1. The defendant needs to have come up with or participated in a scheme designed to defraud the victim of money or property
  2. The defendant needs to have crafted or participated in the scheme with the specific intent to defraud the victim
  3. It can be proven that the defendant planned to use wire communications to perpetuate the scam
  4. The defendant used interstate wire communications to defraud the victim of money or property

The term “interstate wire communications” as used in wire fraud refers to internet communication, telephone calls, television/radio transmissions, or even faxes.

Wire Fraud Penalty

Individuals who are found guilty of this crime face the following penalties under federal law.

  • A fine of up to $250,000 for an individual
  • A fine of up to $500,000 for an organization
  • Imprisonment of up to 20 years

It doesn’t end there, though. If the wire fraud targets a financial institution or is related to a presidentially declared disaster, the maximum fine goes up to $1 million and/or an imprisonment term of up to 30 years.

Keep in mind that these penalties apply to each count of the crime. This means that each electronic communication used to perpetrate the fraud is considered a separate count.

For instance, if an individual made three different phone calls concerning the scam, they would be charged with three counts of wire fraud. If each count of the crime could potentially be subject to the $250,000 maximum fine and/or the 20-year prison sentence, the individual in question could be looking at $750,000 worth of fines and/or a prison term of up to 60 years.

Wire Fraud Examples

Although most wire fraud schemes target businesses such as banks or insurance companies, and institutions like the IRS, it is not uncommon for fraudsters to target individuals. The latter may involve getting the victim to part with their personal financial information to gain access to their bank accounts or credit cards.

Some of the most common techniques fraudsters use to obtain this sensitive information include internet scams, telemarketing fraud, and phishing. Phishing may involve some elements of social engineering.

The infamous “Nigerian Prince Scam” is one such example of internet fraud perpetrated through phishing and social engineering. The criminal sends a high volume of unsolicited emails to numerous personal email accounts to increase the odds of recipients taking the bait.

In the email, the scammer identifies themselves as a Nigerian prince who, due to some unfortunate circumstances, is unable to access the money in their Nigerian bank account. The fraudster then appeals to the email recipient to allow them to transfer their money into the recipient’s bank account and hold it until they (the prince) can sort out their banking issues.

If the recipient takes the bait and agrees to “hold the money,” the fraudster uses the account information the victim provides to access their account and withdraw whatever available balance there is. This is a classic example of wire fraud.

Conspiracy to Commit Wire Fraud

A fraudster doesn’t have to successfully defraud their victim of money or property to be guilty of the crime. They can still be charged with taking part in a “conspiracy to commit wire fraud” or “attempted wire fraud.” It’s important to note, however, that federal law does not distinguish between “wire fraud” and the “conspiracy to commit wire fraud.” They both carry the same penalties.

This begs the question – Who investigates wire fraud? The answer to that would be the Federal Bureau of Investigation (FBI), although state charges may also apply.

Individuals can report wire fraud crimes to the Federal Trade Commission. The agency will then launch an investigation into the scam, trace the perpetrators, and prosecute them accordingly. The wire fraud statute of limitations is five years. However, if the scheme targets a financial institution, the statute becomes 10 years.

Wire fraud is related to several other underlying offenses. Federal authorities usually use it to prosecute these crimes. The common ones include:

Mail Fraud

Mail and wire fraud share several common characteristics. The main differentiator between them is the medium used to commit the crime. Wire fraud relies on electronic communication, whereas mail fraud does not. Nonetheless, they are both federal crimes and carry similar penalties.

Securities Fraud

This covers a wide range of fraudulent activities related to investment securities. If electronic communication was used in committing securities fraud, it might be charged alongside wire fraud. Keep in mind that it is both a state and federal crime, so the penalties can be steep if an individual is convicted of both offenses.

Internet Fraud

Internet fraud or “cybercrime” refers to scams carried out through email or any other channel over the internet. Hacking and phishing to illegally obtain confidential information are two common types of cybercrime. Internet fraud that is not prosecuted as wire fraud may fall under state jurisdiction.

Wire fraud is a serious crime and carries stiff penalties. If you’re facing these charges, you need to talk to a wire fraud lawyer as soon as possible before making any statements to federal investigators.

Do you have any legal questions for us? Chat online with a Laws101 attorney right now.