Please visit our website at http://www.walker-law-firm.com/index.asp for more information about our law firm.
Best Regards, David S. Walker
Thursday, May 21, 2009
Tuesday, March 10, 2009
Tractor Trailer Truck Accidents
Tractor Trailer Truck Accidents
A young man was driving across the Highway 120 Bridge across Interstate 85. He never knew what hit him. More accurately, he never knew what he hit. A flatbed tractor-trailer truck carrying large sections of pipe had exited the southbound ramp, and attempted to turn left across the bridge. The trailer had no marker lights on its side and the young man's car struck the truck, with the passenger compartment sliding under the flatbed.
Two young high school students were on their way to school early on a January morning in the rain, traveling up Beaver Ruin Road from Highway 29. A tractor-trailer truck with a flatbed trailer was making a U-turn from the northbound side to the southbound side. The truck had no side marker lights and the automobile struck the rear wheels of the trailer.
In each case, the occupants of the automobiles sustained severe injuries as would be expected. Both underwent reconstructive surgeries and endured pain and disability on the way to their recoveries. Fortunately, both recovered from their injuries to the extent they can work, but are not completely free of pain, and probably never will be.
These injuries are tragic because they could have been so easily avoided. Neither trailer had side marker lights, which are required by law. Neither trailer was equipped with reflective strips, which have been shown to be effective in making such trailers visible to oncoming traffic.
Our office litigated both these cases. Significant settlements were obtained prior to trial in each case.
Every driver can learn a lesson from cases such as these. Oversized vehicles may attempt awkward maneuvers. When they do, any driver may find that the right of way is blocked. The truck is failing to yield the right of way, and is likely breaking other rules of the road, depending upon the situation. These situations are worse when they happen after dark.
In these cases, our office hired experts to testify what happens to driver's sense of vision in such situations. A driver's visual attention is drawn to the brightest part of the vehicle, normally the headlights or cablights. Even though a driver might have noticed a trailer blocking the road, when the driver's visual attention is diverted to the cab, the driver will not see the trailer blocking the way.
A driver who notices the cab of a trailer in an unusual position, especially at night, should immediately look behind the cab for a trailer behind it.
Tractor-trailer trucks are generally operated safely. However, because of their size and weight, these vehicles can cause great damage when operated in an unsafe manner. Federal and state laws limit the size and weight of the load a trailer can carry, and require regular inspection of lights, brakes, and other safety equipment. When lawsuits are necessary because of damage caused by improper operation of large trucks, it is necessary to be familiar with such regulations in order to properly present the case. At times, these cases end up in federal court. Anyone having such a case should seek counsel familiar with trucking companies’ laws and regulations, and with the ability to litigate in federal court if necessary.
These represent cases our firm handled with satisfactory results for the injured party. Our firm is available for any inquiries concerning tractor-trailer truck related injuries, and other serious injury cases.
A young man was driving across the Highway 120 Bridge across Interstate 85. He never knew what hit him. More accurately, he never knew what he hit. A flatbed tractor-trailer truck carrying large sections of pipe had exited the southbound ramp, and attempted to turn left across the bridge. The trailer had no marker lights on its side and the young man's car struck the truck, with the passenger compartment sliding under the flatbed.
Two young high school students were on their way to school early on a January morning in the rain, traveling up Beaver Ruin Road from Highway 29. A tractor-trailer truck with a flatbed trailer was making a U-turn from the northbound side to the southbound side. The truck had no side marker lights and the automobile struck the rear wheels of the trailer.
In each case, the occupants of the automobiles sustained severe injuries as would be expected. Both underwent reconstructive surgeries and endured pain and disability on the way to their recoveries. Fortunately, both recovered from their injuries to the extent they can work, but are not completely free of pain, and probably never will be.
These injuries are tragic because they could have been so easily avoided. Neither trailer had side marker lights, which are required by law. Neither trailer was equipped with reflective strips, which have been shown to be effective in making such trailers visible to oncoming traffic.
Our office litigated both these cases. Significant settlements were obtained prior to trial in each case.
Every driver can learn a lesson from cases such as these. Oversized vehicles may attempt awkward maneuvers. When they do, any driver may find that the right of way is blocked. The truck is failing to yield the right of way, and is likely breaking other rules of the road, depending upon the situation. These situations are worse when they happen after dark.
In these cases, our office hired experts to testify what happens to driver's sense of vision in such situations. A driver's visual attention is drawn to the brightest part of the vehicle, normally the headlights or cablights. Even though a driver might have noticed a trailer blocking the road, when the driver's visual attention is diverted to the cab, the driver will not see the trailer blocking the way.
A driver who notices the cab of a trailer in an unusual position, especially at night, should immediately look behind the cab for a trailer behind it.
Tractor-trailer trucks are generally operated safely. However, because of their size and weight, these vehicles can cause great damage when operated in an unsafe manner. Federal and state laws limit the size and weight of the load a trailer can carry, and require regular inspection of lights, brakes, and other safety equipment. When lawsuits are necessary because of damage caused by improper operation of large trucks, it is necessary to be familiar with such regulations in order to properly present the case. At times, these cases end up in federal court. Anyone having such a case should seek counsel familiar with trucking companies’ laws and regulations, and with the ability to litigate in federal court if necessary.
These represent cases our firm handled with satisfactory results for the injured party. Our firm is available for any inquiries concerning tractor-trailer truck related injuries, and other serious injury cases.
why you need a will
Wills and Estate Planning
Do you have questions about wills and estate planning? Many people do. Here are answers to some of the most common questions. Our firm handles wills and estate planning as well as other types of legal matters in this area since 1976.
Why make a will? A will allows you to plan the disposition of your property upon your death. In other words, it is your statement of who gets what. If you don't have a will, or if you don't take some other steps to plan your estate, your property will be divided upon your death according to the laws of your state of residence.
If you are a Georgia resident, your spouse and your children will divide it equally, except that a spouse cannot end up with less than 25%. If you have no spouse or children, under current Georgia law your parents would receive your property. If your parents are deceased at the time of your death, your brothers and sisters would divide your property. If you have no brothers and sisters, there are further rules about who are your next of kin.
A will must meet legal requirements to be enforceable. A will must be in writing, and under Georgia law must be signed in the presence of two witnesses. Other states may require three witnesses, or a Notary Public. A person making a will has to be of sound mind when the will was made. That means a person has to have the mental capacity to understand the choices being made. If a court proceeding for construction of a will is required, the goal of the proceeding is to determine the intent of the testator and put that into effect.
A will must be probated in order to put the will into effect after death. The processes of probate vary from state to state. In Georgia, the process is relatively efficient. If there are no objections to the will, and the witnesses can be located, probate can sometimes be accomplished in one day.
A will cannot be amended except by a written document that is witnessed as required for an original will. Many problems are created when people have a will and strike out portions, then write changes in by hand without these changes being witnessed. These actions can void the will. A person who wants to amend a will can instead prepare a codicil, or a new will, or a “republication” of the old will can be done.
Under Georgia law, certain actions can void a will. These include birth of a child, adoption of a child, marriage, or divorce. However, if the will provides that it is written in contemplation of such an event, then that event will not avoid the will. Often wills are drafted to plan for additional children. A will is not rendered void if it provides that any future children are to be included in the bequests. If a will does not contain such a provision, it can be rendered void if the maker has additional children. A number of people may have voided their will in this way, without knowing these rules.
There are alternatives to wills such as revocable living trusts. This involves creating a trust, which is a legal entity separate from the maker. Then, all assets are transferred to the trust and owned by the trust. The trust can name beneficiaries, so after the death of its creator the property in the trust can go to the beneficiaries without having to probate a will. Such a trust involves more legal work up front than a will, but it can limit or replace the process of probate.
Another alternative to a will is jointly titled property. Under Georgia law, if property is owned by persons as joint tenants with survivorship, after the death of the first owner to die, the survivor receives title to the property without the need for further legal proceedings.
In estate planning, there are related topics such as living wills and powers of attorney. A will only takes effect at death. It is revocable until the maker dies. A durable power of attorney can be used for disability planning to have someone manage affairs when a person is unable to manage his or her own affairs during life. A living will or health care power of attorney can be used to control whether life support will be used to prolong a person's life when he or she is unable to make these decisions.
Estate taxes are one reason for estate planning. More accurately, avoidance of estate taxes is the reason. Recently, Congress increased the credits available against the estate tax so that fewer people have potential estate tax problems. Changes in the stock market have also changed the net worth of people who might otherwise have needed estate tax planning.However, not everyone is aware of the assets that must be counted in the estate tax net worth assessments, such as life insurance. For instance, if a person carries a large amount of term life insurance, his or her taxable estate may be larger than believed. A detailed discussion of estate taxes is beyond the scope of this article and your estate planning professionals should be consulted in this regard. such a
Our firm has been assisting clients with wills and estate planning matters in Dekalb and Gwinnett Counties, and surrounding areas, since 1976. Give us a call and you and your loved ones will be glad you did.
David S. Walker
Walker Law Firm
David Sinclair Walker Jr. PC
Mailing address: P.O. BOX 871329, Stone Mountain GA 30087
Offices:
• North Gwinnett- 6340 Sugarloaf Parkway, Suite 200 Duluth GA 30097
• South Gwinnett- 2330 Scenic Highway, Suites 208-209 Snellville GA 30078
Telephone 770-972-3803, Facsimile 770-921-7418
walk711@hotmail.com
http://www.walker-law-firm.com/
Admitted in GA and D.C.
UGA Law’76
Do you have questions about wills and estate planning? Many people do. Here are answers to some of the most common questions. Our firm handles wills and estate planning as well as other types of legal matters in this area since 1976.
Why make a will? A will allows you to plan the disposition of your property upon your death. In other words, it is your statement of who gets what. If you don't have a will, or if you don't take some other steps to plan your estate, your property will be divided upon your death according to the laws of your state of residence.
If you are a Georgia resident, your spouse and your children will divide it equally, except that a spouse cannot end up with less than 25%. If you have no spouse or children, under current Georgia law your parents would receive your property. If your parents are deceased at the time of your death, your brothers and sisters would divide your property. If you have no brothers and sisters, there are further rules about who are your next of kin.
A will must meet legal requirements to be enforceable. A will must be in writing, and under Georgia law must be signed in the presence of two witnesses. Other states may require three witnesses, or a Notary Public. A person making a will has to be of sound mind when the will was made. That means a person has to have the mental capacity to understand the choices being made. If a court proceeding for construction of a will is required, the goal of the proceeding is to determine the intent of the testator and put that into effect.
A will must be probated in order to put the will into effect after death. The processes of probate vary from state to state. In Georgia, the process is relatively efficient. If there are no objections to the will, and the witnesses can be located, probate can sometimes be accomplished in one day.
A will cannot be amended except by a written document that is witnessed as required for an original will. Many problems are created when people have a will and strike out portions, then write changes in by hand without these changes being witnessed. These actions can void the will. A person who wants to amend a will can instead prepare a codicil, or a new will, or a “republication” of the old will can be done.
Under Georgia law, certain actions can void a will. These include birth of a child, adoption of a child, marriage, or divorce. However, if the will provides that it is written in contemplation of such an event, then that event will not avoid the will. Often wills are drafted to plan for additional children. A will is not rendered void if it provides that any future children are to be included in the bequests. If a will does not contain such a provision, it can be rendered void if the maker has additional children. A number of people may have voided their will in this way, without knowing these rules.
There are alternatives to wills such as revocable living trusts. This involves creating a trust, which is a legal entity separate from the maker. Then, all assets are transferred to the trust and owned by the trust. The trust can name beneficiaries, so after the death of its creator the property in the trust can go to the beneficiaries without having to probate a will. Such a trust involves more legal work up front than a will, but it can limit or replace the process of probate.
Another alternative to a will is jointly titled property. Under Georgia law, if property is owned by persons as joint tenants with survivorship, after the death of the first owner to die, the survivor receives title to the property without the need for further legal proceedings.
In estate planning, there are related topics such as living wills and powers of attorney. A will only takes effect at death. It is revocable until the maker dies. A durable power of attorney can be used for disability planning to have someone manage affairs when a person is unable to manage his or her own affairs during life. A living will or health care power of attorney can be used to control whether life support will be used to prolong a person's life when he or she is unable to make these decisions.
Estate taxes are one reason for estate planning. More accurately, avoidance of estate taxes is the reason. Recently, Congress increased the credits available against the estate tax so that fewer people have potential estate tax problems. Changes in the stock market have also changed the net worth of people who might otherwise have needed estate tax planning.However, not everyone is aware of the assets that must be counted in the estate tax net worth assessments, such as life insurance. For instance, if a person carries a large amount of term life insurance, his or her taxable estate may be larger than believed. A detailed discussion of estate taxes is beyond the scope of this article and your estate planning professionals should be consulted in this regard. such a
Our firm has been assisting clients with wills and estate planning matters in Dekalb and Gwinnett Counties, and surrounding areas, since 1976. Give us a call and you and your loved ones will be glad you did.
David S. Walker
Walker Law Firm
David Sinclair Walker Jr. PC
Mailing address: P.O. BOX 871329, Stone Mountain GA 30087
Offices:
• North Gwinnett- 6340 Sugarloaf Parkway, Suite 200 Duluth GA 30097
• South Gwinnett- 2330 Scenic Highway, Suites 208-209 Snellville GA 30078
Telephone 770-972-3803, Facsimile 770-921-7418
walk711@hotmail.com
http://www.walker-law-firm.com/
Admitted in GA and D.C.
UGA Law’76
Georgia's New Child Support Laws
Georgia's New Child Support Laws
Georgia's new child support laws have gone into effect the first of 2007.
The new child support guidelines are based on income shares. The old guidelines were based on the gross income of the noncustodial parent. Now, both parents income will be taken into account in calculating child support. The intent is to prorate the actual child-rearing expenses between both parents, at whatever level of incomes.
This law will apply in all types of legal proceedings concerning child support, including juvenile court deprivation actions, paternity actions, actions for divorce, third party custody actions, or in any other action in which a parent’s obligation for support shall be determined.
The new law is based on public policy regarding calculations of child support, that is:
To achieve the state policy of affording to children of unmarried Parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of Parents with similar financial means. Under the new law, the determination of child support is to be made in the best interest of the child.
The new law provides that the child support guidelines are a minimum (emphasis added) basis for determining the amount of child support. They are and shall be applied in legal proceedings involving the child support responsibility of a Parent.
This code section applies to all legal proceedings involving child support responsibilities. For the first time, it is mandated at the guidelines of this code section shall be used in a temporary child support order as well as in a permanent child support order.
A simplified view of the process is as follows:
The incomes of each parent are combined, and a child support amount is computed based on a table provided in the law. The noncustodial parent will pay child support based on the proportion of his or her income compared to the combined incomes of both parents. The actual calculations will be more complicated because a number of factors will be taken into consideration. These include but are not limited to whether or not a parent is under employed, self-employed, pays support for other children, has unusually high or low income, travel expenses, health insurance, and also unusual division of parenting time.
Parties to cases under the new child support law must provide worksheets and schedules to the court.
There is obviously plenty of work to be done in future to put these guidelines into use. Our office currently handles cases in these areas and would be glad to offer assistance and advice as needed.
David S. Walker
Walker Law Firm
Mailing address: P.O. BOX 871329, Stone Mountain GA 30087
Offices:
• North Gwinnett- 6340 Sugarloaf Parkway, Suite 200 Duluth GA 30097
• South Gwinnett- 2330 Scenic Highway, Snellville GA 30078
Telephone 770-972-3803; Facsimile 770-921-7418
email walk711@hotmail.com http://www.walker-law-firm.com/
Admitted in GA and D.C. UGA Law’76
Georgia Bar No. 731725
Georgia's new child support laws have gone into effect the first of 2007.
The new child support guidelines are based on income shares. The old guidelines were based on the gross income of the noncustodial parent. Now, both parents income will be taken into account in calculating child support. The intent is to prorate the actual child-rearing expenses between both parents, at whatever level of incomes.
This law will apply in all types of legal proceedings concerning child support, including juvenile court deprivation actions, paternity actions, actions for divorce, third party custody actions, or in any other action in which a parent’s obligation for support shall be determined.
The new law is based on public policy regarding calculations of child support, that is:
To achieve the state policy of affording to children of unmarried Parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of Parents with similar financial means. Under the new law, the determination of child support is to be made in the best interest of the child.
The new law provides that the child support guidelines are a minimum (emphasis added) basis for determining the amount of child support. They are and shall be applied in legal proceedings involving the child support responsibility of a Parent.
This code section applies to all legal proceedings involving child support responsibilities. For the first time, it is mandated at the guidelines of this code section shall be used in a temporary child support order as well as in a permanent child support order.
A simplified view of the process is as follows:
The incomes of each parent are combined, and a child support amount is computed based on a table provided in the law. The noncustodial parent will pay child support based on the proportion of his or her income compared to the combined incomes of both parents. The actual calculations will be more complicated because a number of factors will be taken into consideration. These include but are not limited to whether or not a parent is under employed, self-employed, pays support for other children, has unusually high or low income, travel expenses, health insurance, and also unusual division of parenting time.
Parties to cases under the new child support law must provide worksheets and schedules to the court.
There is obviously plenty of work to be done in future to put these guidelines into use. Our office currently handles cases in these areas and would be glad to offer assistance and advice as needed.
David S. Walker
Walker Law Firm
Mailing address: P.O. BOX 871329, Stone Mountain GA 30087
Offices:
• North Gwinnett- 6340 Sugarloaf Parkway, Suite 200 Duluth GA 30097
• South Gwinnett- 2330 Scenic Highway, Snellville GA 30078
Telephone 770-972-3803; Facsimile 770-921-7418
email walk711@hotmail.com http://www.walker-law-firm.com/
Admitted in GA and D.C. UGA Law’76
Georgia Bar No. 731725
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