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Military Defense Lawyer Posted By fedpractice || 12-May-2015 In a boisterous critique of the Defense Department’s attempts to get a handle on sexual assaults in the military, U.S. Senator Kirsten Gillibrand of New York stated that military sex crimes may be a much bigger problem than most believe. Gillibrand, who authored a report on the issue, accused the Department of Defense of vastly underreporting sex-related violence in the military. She also stated that victims continue to struggle for justice. In an interview, the Senator bluntly stated that she believes that military is not being honest about the true nature of the problem. Gillibrand – who formerly led the Senate Armed Services Committee – also conducted an analysis of assault cases from four major military bases. The Defense Department took 10 months to provide her with documentation of just 107 cases from 2013, though she had asked for cases spanning from 2009-2014. Gillibrand’s analysis noted the following: Less than a quarter of cases went to trial 11 of 107 cases resulted in a sex crime conviction Female civilians were victims in over half the cases Gillibrand’s report and interview have again generated widespread attention over military justice reform and sexual assault in the military. It also provides a conflicting opinion to recently released Defense Department reports showing progress in managing sexual abuse and assault in the armed services – specifically as more victims are willing to step forward knowing offenders will be held accountable. Although there are two sides to this conversation, what’s clear is that many people – including federal officials and everyday citizens – are aware of the troubling military sexual assault problem. While changes must certainly be made, change may be made more difficult by the harsh climate surrounding the issue. An experienced military defense lawyer Fort Hood trusts is committed to protecting the rights, careers, and futures of service members facing all types of allegations. If you have been accused of a crime, discuss your case with a lawyer today. Thank you to our friends and contributors at The Federal Practice Group for their insight into military law and sex...
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How the Credibility of Witnesses Can Impact a Car Accident Case

Experienced Lawyer In order to successfully be awarded compensation for damages in a car accident claim, you must build your case using as much tangible and reliable evidence as possible. After a car accident happens, many people who saw the crash unfold may rush over to help. These compassionate bystanders can become useful witnesses, as their statements can support your side of the story. But, witness credibility is a critical factor in whether this person can help or actually hinder your case. Those who have been in a car accident recently, can turn to an attorney for guidance. It can be too stressful to defend yourself all alone, so please let us help you. We have your best in mind, and can protect you from insurance companies and other parties who want to prevent you from getting the compensation needed to overcome the incident. Third Party Witness A third party witness is a person who does not have a role in the lawsuit, and only saw the incident happen. These people are often unbiased, and had no prior connection to either driver. These witnesses can be hugely influential in helping figure out what happened and showing how the other driver caused the crash. An attorney can talk with a witness to determine whether they have credibility, before using their statement as evidence. Factors that Determine Credibility Not all witnesses are going to have a positive impact on your case. Factors that can determine credibility may include things like where they were in relation to the accident, if they were distracted, and at what point they saw the crash happen. To emphasize this point, we have explained further what qualities make a witness reliable, or not: Criminal History: a witness that has a criminal history may display dishonest behavior, especially if they were charged with crimes like theft, fraud, larceny or other serious felony offenses. Mental/Physical Limitations: it is possible that a witness has physical or mental limitations which can interfere with his or her capacity to observe and report an incident with accuracy. A witness that has hearing, eyesight or cognitive challenges may not recall an accident the way others had. Consistency of Testimony: a witness who is telling a truthful story is going to have the same things to say each time they are asked. A witness that has different versions of the same event, is not likely...
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Pedestrian Deaths Nationwide

Personal Injury Lawyer Pedestrian deaths totaled close to 6,000 in 2017 and 2016, further suggesting that drivers and walkers are dangerously distracted. Texting while walking and drivers using phones pose increased risks, according to the latest Governors Highway Safety Association report. Further common causes of pedestrian deaths, aside from distracted driving and walking, include pedestrians crossing at mid-block, sometimes after getting off a bus or the light rail. Other causes include driver’s speeding, changing lanes before an intersection, making a left or right turn without paying full attention, and to those in crosswalks. Impairment of drivers or pedestrians also increase the risk of pedestrian injuries, or fatalities. Alcohol reduces and impairs brain function, thinking, reasoning, muscle coordination, all related to safely driving a car. Drunk driving crashes are responsible for more than 10,000 deaths per year. Another cause of pedestrian injuries, fatalities is drowsy driving, also responsible for thousands of crashes per year. Crashes related to sleepiness often occur in the evening, and on higher speed roads. Each year about 626 children die in pedestrian fatalities. Young children are at higher risk for injury or death from traffic incidents because they aren’t thinking about traffic. Parents and caregivers often overestimate children’s awareness of cars and their understanding of traffic rules. Children younger than 10 years of age are unable to recognize the speed of oncoming vehicles, putting them at greater risk in traffic accidents. Of the children pedestrian fatalities, ninety-three percent of children killed were in single-vehicle crashes. Seventy-five percent were killed in urban areas. Sixty-nine percent did not occur at intersection locations. Fifty-five percent were killed during daylight. Compared to all ages, more child pedestrians were killed during daylight than adult pedestrians. The Children’s Hospital of Philadelphia and the National Highway Transportation Safety Administration (NHTSA) have tips for parents to keep their families safe. Walking Safety Tips Children younger than 10 years old should not cross the street alone. Parents need to be role models. Be predictable. Obey traffic signs, signals and rules of the road. Teach children to look left, right, and then left again before crossing the street, and then to keep looking around while crossing. Walk on sidewalks if they are available. If there is no sidewalk, walk on the left side of the street and as far from oncoming traffic as possible. Stay alert. Keep eyes and ears scanning your surroundings. Whenever possible, cross...
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What Are My Options if I Do Not Pass the Means Test?

Experienced Lawyer Once you have made the decision that Chapter 7 bankruptcy is right for you, it’s not uncommon to find yourself experiencing some sense of relief. After struggling to make ends meet in order to cover your debts, you finally have a path that seems like the best option for you. But, what happens if you do not pass the means test? It can be difficult to discover that this may no longer be a viable option for you, especially when you have finally come to terms with your situation. This is just one reason why choosing an attorney to represent you can provide you with alternative options. Knowing that there are other routes you may be able to pursue can help to alleviate the situation you find yourself facing. The Means Test Chapter 7 bankruptcy gives debtors the ability to to experience relief from much of their debts. Although you may have the ability to retain some of your assets, it can be expected that much will be sold off to pay any existing debts. The means test is a formula utilized to determine eligibility for debtors in pursuance of Chapter 7 bankruptcy. The purpose is to ensure that those who may have the ability to pay back their debts are not able to have their debts wiped in the way that Chapter 7 allows. The means test reviews your monthly income over a period of time in comparison with your debts. If your income is more than that of the median income within your state, it will need to be determined if you are able to repay your debts. If you are unable to pass the means test, Chapter 13 may be the best and most viable option. If you are unable to pass the means test, an attorney will take a look at the details to determine whether there is a way to continue pursuing Chapter 7, or if there is another option for you. Additionally,  an attorney can take a look at your case to help determine the best way to strategize next steps. It may help to review your means test to determine if any errors were made. If we discover that the test was completed accurately, Chapter 13 may be the next option to consider. Considering Chapter 13 Although Chapter 7 may appear to be the only option, there is another alternative....
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Proving Your Sports-Related Personal Injuries

Experienced Lawyer If you have been hurt in a sports-related accident, but aren’t sure how to prove liability for your personal injury, then it may be time to consult a personal injury attorney after you’ve addressed your injury with a sports injury doctor. They will work with you to determine the damages you have suffered due to the injury and what would be a fair amount of compensation for any emotional, physical or psychological effects of the accident. Although thousands of people sustain sports-related injuries each year, amateur athletes don’t typically file for personal injuries, even when they are serious. Injuries can happen anywhere, from small-sized gyms to larger football fields and everywhere in between, but it seems that people don’t file often because they do not know how to go about it. Sports Stadiums and Facilities’ Liability Slip and fall accidents, getting hit by an object and other injuries are common when playing in or attending sporting events. Some injuries may be severe and can prevent people from working or even doing daily chores. At a stadium or facility, injuries occur often times because a manager has failed to maintain their facility in such a way that protects their patrons. Safety features that should be present include a cut up to halt a ball from striking a spectator, signs preventing spectators or players from going into areas where they do not belong or where there is a hazard, and all proper equipment for players to play safely. A spectator should know that when they go to a sporting event there is a likelihood that they may be injured. Personal injury attorneys describe this knowledge as “assumption of risk”. If you go to a place where you know you may incur an injury, then you are accepting those odds. Proving Negligence is the Cause of Your Injury There may be reason to claim negligence on the part of the manager of the facility or the other team for your sports injury. One example could be if a player becomes angry by a spectator’s taunting and throws the ball at the spectator resulting in a concussion. In this case, you may be able to claim the individual player as well as the team’s owner/manager for liability. It is always best to contact a practicing personal injury lawyer to pursue compensation rather than directly to the person who is responsible If...
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