Monthly Archives: May 2016

Texas Truck Accident Attorney Advice

If you have been involved in a truck accident, it is important that you take all of the necessary steps to ensure the best emotional, physical and financial outcome for you and your passengers.

Here are a few tips for what to do if you have been involved in an accident with a truck:

Tip 1: Contact the authorities: Immediately following the accident – provided that you are able to move and that it seems safe to do so – contact the police or state patrol. It is essential that you summon one of these city or state-level authorities to be present in order to attend to any injured or potentially injured people, as well as to take witness statements and gather evidence concerning the causes and nature of the accident.

Tip 2: Do not admit fault: Some people who have just suffered the shock and emotional trauma of a truck accident feel the need to immediately talk about their experience with others. It is very important that while you remain at the scene of the accident you avoid admitting any degree of fault concerning what happened. Unless you are a lawyer, it is likely that you are unaware of all of the potential ramifications related to determining fault in an accident. Even if you feel you were partially at fault, it is generally your right to refrain from making any statement to police or to other drivers that might be self-incriminating. Just give your contact and driver information, and ask the authorities if you are free to leave the scene. If the answer is no, then request that you be given the opportunity to have an attorney of your choosing be present during any questioning, and do not answer questions after that point.

Tip 3: Obtain the insurance information of the truck driver: Whether or not you are able to contact an authority right away, be sure to request the driver’s license, insurance, and vehicle plate information from the driver of the truck. These will be important items to have on record. Remember, even if you, your passengers and your vehicle seem to have made it through the accident relatively unharmed, it is always important to document the event. Some of the effects of the accident may show up later.

Tip 4: Check your car and the surrounding area for damage: If you happen to have a camera at the scene of the accident, be sure to take as many pictures as you can. Get photos of your car, the truck with which you collided, and any relevant surrounding items such as telephone poles, other cars, etc. Specifically, take photographs of the accident scene, any tire tracks or skid marks, and any damage to either vehicle. Cell phones with cameras have made this easy to accomplish. It is best to share those photos only with your lawyer, until the attorney informs you that you are required to furnish them to anyone else.

Tip 6: Contact an injury lawyer: It is always wise to consult with an experienced personal injury attorney as soon as possible following an accident. There are many possible ramifications of being involved in an automobile accident with a truck, including those that can affect your long-term health, your finances, and your mental well-being. In most cases, your lawyer will conduct his or her own thorough investigation in order to determine where you stand legally as a result of the accident. Your lawyer will want immediate access to any and all documentation you may have made of the accident. Your lawyer acts as your ally in making sure that you are fairly compensated and that your legal rights and financial standing remain in the best possible condition as a result of the accident.

Being involved in a truck accident is something that can change your life in the blink of an eye.

It is very important that you contact Harmonson Law Firm, PC promptly after an injury. They are an expert personal injury law firm in the El Paso area.

spousal support

Spousal support, also known as alimony, is a legal obligation created by a court order in which a person is to provide financial support to their spouse after the couple has divorced or legally separated. Although spousal support is not an absolute right, it can be granted when either spouse or domestic partner asks the family court judge for a spousal or partner support court order.

How Spousal Support is Established

In order to be granted alimony, there first must be a court case. It can be raised in any of the following cases: divorces, legal separations, annulments, and domestic violence restraining order cases. There are cases in which a couple does not need a court cases to establish spousal support.

In certain cases, couples could agree on a spousal support order by agreeing and signing a written agreement, otherwise known as a stipulation. With a spousal or partner support agreement, the couple does not have to go in front of a judge. But in order for the spousal support agreement to be legally established, the judge must accept the agreement and sign it as an order.

When a divorce or legal separation is pending, either spouse or partner may ask the court for a “temporary spousal support order.” A temporary order provides financial support to a spouse during divorce or legal separation proceedings. But when a divorce or legal separation becomes final, the temporary order can become a final permanent order and become part of the final divorce or separation judgment.

Factors Affecting Alimony

When a spouse or partner makes a request support, a judge will consider different factors in determining how much spousal support one spouse owes to the other spouse. The judge looks at the standard of living each spouse had during the marriage or partnership and what it would take to maintain that standard of living after the separation.

Family court judges take the following factors into consideration:

Marketable skills of the spouse requesting;Is there a job market for those skills;How much time and money it would take for the requesting spouse to get the education or training to develop more marketable skills in order to secure employment;The earning capacity of either spouseWhether the earning capacity of the requesting spouse was impaired by unemployment during the marriageDebts and assets of each spouseWhether there was any history of domestic violenceThe length of time of the marriage or domestic partnership.

When a court considers granting the order, the court believes that the requesting spouse or partner may be able to support himself or herself within a reasonable period of time. Thus, the judge will look at the circumstances of the case in order to establish the length of time alimony shall be paid.

Modifying and Terminating

There are situations in which either spouse might need to change the amount of spousal support. In order to be granted a “modification” of the spousal support order, the requesting spouse must show the court that there has been a “change in circumstances.” Changes in circumstances include when the spouse receiving support no longer needs it or the person paying support has lost their job or has suffered a significant drop in income.

It usually ends when the court order or judgment states the end date of the order. In addition, spousal support may end when one of the spouses dies or remarries.

It is a big issue in divorce and legal separation cases. When one is facing a divorce or legal separation, it is imperative that the person speaks with an experienced divorce attorney so that he or she can understand his or her rights and responsibilities and whether that person may have to pay support. In addition, a divorce attorney would be beneficial if a couple decides to write up an agreement.

Contact Anton Legal Group for a family law firm based in Tampa.

 

 

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