All You Need To Know About Statutory Rape

When an adult sexually abuses someone who is “under the age of consent” prescribed by law is guilty of statutory rape. For a child to be considered below the specified “age of consent,” they should be at least 15 but less than 18 years old. Statutory rape is considered as Class E felonies, which carries mandatory minimum sentences of 1 year. In most states today, statutory rape is now called sexual intercourse with a minor.

When compared with forcible rape, the key difference between statutory rape is the age. According to the website of the Nashville statutory rape attorneys at Horst Law, statutory rape involves an individual who is at least 13 years old but less than 15 and engaging in sexual intercourse with a partner who is at least four years but still less than 10 years old. Minors who are below the age of consent are not legally considered mentally capable of consenting to sexual activity. It is worth noting that sexual relations with minors who are still below puberty or sexual molestation is much more serious than statutory rape.

Statutory rape is punishable with significant jail time ranging between 1 to 15 years and substantial fine of up to more than $100,000. Whether the crime is felony or misdemeanor will depend on the age of the defendant and the victim. In most states, being charged with statutory rape in mandatory lifetime registration as a sexual offender.

The problem with statutory rape is that in at least 29 states, age of consent laws makes all sexual contact with minors illegal, regardless of the ages of the partners. The laws may also vary from one country to another. In today’s society, the age of consent is already equal for everybody, regardless of sexual orientation or gender. In other areas, the age of consent in women is different from that of the men.

Pedestrian Accidents : When Right of Way Becomes Wrong

Traffic rules recognize the pedestrian’s right of way. This is the reason why pedestrian lanes have been instituted to help pedestrians cross a busy street. Unfortunately, there are just reckless and distracted drivers who seems indifferent with the lives of people. According to the website of The Benton Law Firm, pedestrians have no form of protection from vehicles and are often pinned underneath vehicles resulting to various internal injuries like spinal or brain injuries. In 2013, 4,735 pedestrians were killed in traffic accidents in the United States. Aside from that, over 150,000 pedestrians received emergency care for non-fatal crash-related injuries.

Pedestrian accidents happen when they try to cross a busy highway. Other factors that can contribute to these accidents include poor maintenance, sidewalk, parking lot defects, construction, and debris on walkways. With these accidents, negligence has to be proven in order for the pedestrian to collect damages for their injuries. To establish negligence, the following conditions should be present:

  • The driver owned a legal duty to the injured person under the circumstances
  • There is a breach of duty on the part of the driver through action or inaction
  • The accident caused injury to the injured person
  • The accident was harmed or injured as a result of the accident

In pedestrian accident, multiple parties may be held liable for the accident. Depending on the situation, other persons that can be made responsible for the accident include:

  • The driver of a vehicle that strikes a pedestrian
  • The contractor or maintenance personnel who maintains the sidewalk, road, or parking lot
  • The pedestrian

Pedestrian accidents hinge on the duty of care owed by the parties involved. It is their responsibility to follow traffic rules and exercise reasonable care. While it may seem obvious as to who committed negligence, the courts consider a wide range of factors when checking the facts and applying it to negligence. Whoever will be found negligence of their duty shall be made liable for the payment of damages.

Both driver and pedestrian have a duty of care to each other. Failure to follow such duty will be considered negligence. Some examples of negligent acts on the part of the driver include distracted driving, speeding, not yielding the right of way to pedestrians, disobeying traffic signs or signals, and others. The law enforces a higher duty of care on drivers on the aspect of children. Thus, they should take extreme caution when driving by schools, parks, or residential areas. This is applicable to children between 5 to 9 years old.

On the part of pedestrians, it is also their duty to exercise reasonable care for their own safety. Thus, when they ignore the “walk” signal, enter traffic and disrupt its flow, fail to use marked crosswalks, they are being negligent of their duty of care resulting to their own injury and being at-fault.

Why Riding a Motorcycle can be a Dangerous Activity

For motorcycle riders, the odds of sustaining severe injuries or getting killed in an accident are always high due to their lack of protective gears other than the helmet. This lack of protection, in fact, makes riders 20 times more likely to die in a crash compared to drivers of cars and other motor vehicles.

Accidents involving motorcycles are either single-bike crashes or multiple-vehicle accidents. A single-bike accident, which is more the common type of accident, involves no other person or vehicle besides the rider and his/her bike. It includes accidents, such as a rider crashing his/her bike to a concrete barrier, a lamp post or any other road fixture, or a rider crashing on asphalt after running on a patch of gravel, sand or leaves on the road. The National Highway Traffic Safety Administration (NHTSA) points to alcohol use and speeding as the two major causes of single-bike accidents; both factors greatly reduce a riders’ capability to react to emergency road situations on time, as well as make a rider lose control of his/her bike easily.

According to www., a multiple-vehicle accident, however, which is deadlier than a single-bike accident, involves another vehicle, like a car, an SUV or a truck. This type of motorcycle accident is usually due to driver distraction, impairment due to alcohol or illegal drug, failure to notice an approaching motorcycle or a driver’s simple refusal to acknowledge and respect a motorcyclist’s right of way.

Head-on collision, rear-end collision and side impact are the deadliest types of multiple-vehicle motorcycle accidents as these can easily severely injure, disable or kill a rider. Based on NHTSA records, an average of about 4,500 motorcycle riders die every year, while another 90,000 suffer injuries.

In the event of an accident, it may be very hard for riders to prove that they are simply victims and that it was a motor vehicle driver’s carelessness or recklessness that caused the accident which resulted to their injuries. A highly-skilled personal injury lawyer, who is well familiar with conducting investigations that can lead to proofs supporting a prosecutor’s claim, however, may just be able to render the necessary and needed legal assistance that will enable injured riders to receive compensation (from the liable party) for the damages they were unjustly made to suffer. Thus, it may be a good decision to contact a personal injury lawyer immediately after an accident occurs.

What Exactly is SR-22 Insurance Anyway?

The matter of car insurance can be a bit of a tricky situation to handle as, after all, there are quite a number of laws and specifications that are meant for these scenarios alone. So, upon the sudden need for SR-22 insurance, it can be easy to be flabbergasted as to what it really means when there are so many terms and tricks to know before you really understand.

You might be asking yourself – I already have car insurance, what would I need this other insurance for? A lot of these questions can be answered by defining what SR-22 insurance even is. First of all, the “SR” stands for “safety responsibility.” You might also want to know that this particular kind of documentation is not even policy at all – it doesn’t cover you in the way that an insurance policy does. SR-22 insurance is more certification that you do have a policy that covers and protects both you and your car. Based on most cases, SR-22 insurance usually lasts for 2-3 years.

This particular certification is necessary for people who may suddenly find themselves legally requiring one, usually due to a case of being charged with driving under the influence (DUI) or driving while intoxicated (DWI). If you have been charged with a case within the same nature of the aforementioned cases then you are made to be required by law to carry SR-22 insurance as proof of policy and that you are allowed your license back to drive on the road.

It need not, however, be unnecessarily complicated to acquire this kind of certification. All it takes is the right kind of help in order to smoothly guide you through the process of getting your SR-22 insurance and all should be well in no time.

What Can Asbestos Exposure Do?

Thing about cancer is that it doesn’t choose favorites. It doesn’t care how much you’ve made or what score you got on your SATs or who your friend’ mother knows – it is not prejudicial and it does not discriminate on creed, sexual orientation, race, political party, or anything. It can come creeping like a shadow at the corner of your eye – and suddenly your life goes upside down because of it. There is no definite cause of cancer, though there are some agents that are definitely cancerous or increase the likelihood of cancer – and it is always costly, it is always stressful, and it always impacts more than just the victim of cancer itself.

Take, for example, the victims of asbestos exposure. The substance called asbestos while mostly not dangerous when it is in its solidified form can prove extremely detrimental when its particles are consumed or inhaled. There are a number of devastating consequences that can be attributed to exposure to asbestos but none is more insidious than that of mesothelioma.

This is a kind of slow-acting cancer that is not quite so easily detected. It can take years and years before the cancer actually raises its ugly head. According to asbestos lawyers, early detection can definitely slow its progression, but there is only so much that can be done. It is a rare kind of cancer, which means that treatments are not quite as readily available as that for more commonly known cancers. That means that the procedures necessary for victims of this cancer can be quite expensive and attaining the expenses necessary in order to be treated for this disease can be incredibly stressful to anyone involved.

If you or someone you know has been diagnosed with mesothelioma or any asbestos exposure-related disease, it is recommended that a legal expert who specializes in cases involving asbestos is contacted. Lawyers who specialize in these things will most certainly know the best possible route to take after the diagnosis and they will also have the best resources necessary in order for the afflicted to be given the best possible treatments for the disease.

Premises Liability: Slip and Fall Accidents

Information from the National Safety Council (NSC) Injury Facts for 2011 shows more than 8 million cases of slip and fall accidents in the US every year. It should have been easy to dismiss this report if not for the fact that this same accident has also been identified as one of the most common causes of serious injuries among people aged 55 and older.

Though slips and falls can be easily deemed as simple accidents, these, however, they often end in serious results that are enough to render elderly victims incapable of enjoying an active life again. And while one may suppose that these only happen in dangerous areas, better think again because reports also show that most of these accidents occur in places where people frequently go to (and never expect to suffer this accident), like malls, restaurants, hospitals, churches, offices, resorts (beside pool areas), museums, parks, a relative or a friend’s house, and so forth. (Statistics from the UD Department of Labor also shows that slip and fall accidents are, presently, the most common causes of injuries in working environments).

According to, some of the typical causes of slip and fall accidents include slippery floors, moss-covered floors, uneven floors or walkways, exposed wires, uncovered metal or wooden pegs, lack of warning signs on wet floorings, unnecessary mess, lack of railings or guardrails, inadequate lighting along walkways, and places where there are non-noticeable trip hazards. The most common types of serious injuries suffered by victims on the other hand, include hip fracture, broken wrist or elbow, knee injury, torn muscle and ligament, injury to the head or neck, back injury, etc.

So many cases of slip and fall accidents have been blamed on the owner of the property (where the accidents occurred) rather than on the victim, on the assumption that the victim has acted carelessly. The mere fact that a property owner failed to place a warning sign (such as slippery or wet floor or uneven flooring) at an area of his/her place of responsibility which may be prone to slip and fall accidents, such can be enough to render him/her liable for any injury in case of an accident.

Failure to render appropriate action where such is called for is considered negligence. And, if not for negligence, then so many accidents could have been (and will be) prevented. While no property owner would want anyone suffering a slip and fall accident inside his/her area of responsibility, failure to exercise full responsibility in making sure that no part of his/her premise pose a risk to such accident will not lessen his/her degree of liability (unless, of course, if the accident occurred due to the victim’s direct act of disregarding warning signs that have been properly put in place).

The Truth About Truck Accidents

Truck drivers are not exempt from the law but the damage they could do if they are found negligent or reckless could be infinitely more catastrophic than any car accident. The same goes for the company that makes use of the truck as well as the truck’s manufacturers. Say that the truck driver in question was under the influence of alcohol or sleep suppressants such as methamphetamine – a driver this irresponsible can be subject to extreme consequences. Say that a truck has a faulty break or that the driver went beyond the allowable hours for him or her to drive the truck – the driver, the employer, and the manufacturer are all to be held liable for their negligence.

There are quite a few more subtle complications with truck accidents, however, making them more complex than car accidents. There are federal laws that come into play with eighteen-wheeler trucks, due to the sheer nature of the vehicle in question. Eighteen-wheeler trucks can cause quite a lot more damage than that of a smaller vehicle. After all, a regular vehicle will only weigh around 4,000 pounds whereas a truck of that magnitude could weigh up to 80,000 pounds. It is no wonder that, according to the website of Williams Kherker, that there are approximately up to 500,000 truck accidents that happen in the United States of America. Out of that number, there are around 130,000 injuries at least.

Those injuries could be severely life-altering. Not to mention the effect it will have on the victim’s income as an accident like that could hinder the victim from being able to work for a prolonged period of time. Due to the sheer size and risk of an eighteen-wheeler truck, there is even the unfortunate possibility of a victim getting killed in an accident such as this – which warrants a Wrongful Death claim. It is a trying, taxing situation to be in and there are many complications that are within it.

If you have found yourself a victim of a truck accident, don’t hesitate to contact immediate legal assistance.

« Older Entries Next Entries »