Car Accidents Make California Second Most Expensive State to Own a Car

Do you live in the Golden State? Do you own a motor vehicle? Congratulations, your vehicle operating costs are some of the most expensive in the nation. What are vehicle operating costs? They would include the collective investment of car insurance, gasoline, repairs, car accidents, fees and taxes. Bankrate.com recently pulled together data from all 50 states, and found California to be the second most costly state in the nation for car owners. If you're curious about #1, that accolade goes to Georgia. But don't worry. California can beat them next year.

Breaking it down - The cost of driving in California

So why is it so expensive to own a car in California? There are a number of factors at play here. For starters, California has one of the highest costs of living in the nation. California also has some of the highest gas prices (rivaled only by Hawaii, which requires overseas petroleum shipment). Furthermore, data from Insure.com found that California has some of the highest car insurance rates in the nation. It ranks #6 out of 50. But why is insurance so high?

If you have ever driven on Highway 101 during rush hour, or made your way up the Grapevine in questionable weather conditions, you know that the traffic in California - the most populous state in the nation - is fierce, and car accidents are a constant occurrence. We see wrecks on the side of the freeway. What we don't see are the hidden costs of car accident cases burdening the legal system. On any weekday, car accident lawyers whose clients have been injured or worse fill court dockets to capacity with car accident cases.

This drives up the cost of insurance, resulting in higher premiums for everyone. If you choose to make your home in the Golden State, you can expect to pay more for your insurance even if you have a pristine driving record.

In California, avoid auto accidents

Of course, there are ways to keep your driving costs lower than the general population. For starters, invest in a vehicle with superior gas mileage. Second, shop around for the best auto insurance rate. Don't just settle for the first seemingly decent offer that comes along. Third, follow the laws and maintain a clean driving record.

You can't predict every eventuality that comes your way, but if you are in an auto accident, contact an experienced personal injury law firm that specializes in car accidents right away to discuss your rights. Not only can you preserve your driving record, but also you may be entitled to compensation in the event of a auto collision. Don't leave your fate to chance.

On any weekday, car accident lawyers whose clients have been injured or worse fill court dockets to capacity with car accident cases. Contact an experienced personal injury law firm that specializes in car accidents right away to discuss your rights.

Los Angeles Assault Attorney Explains California Assault and Battery Law

HomeLaw ArticlesLos Angeles Assault Attorney Explains California Assault and Battery Law

Assault and battery are frequently mentioned together as if they are one crime. While the two crimes do go hand in hand, pursuant to California law, they are different offenses. Assault occurs when a person intentionally physically attacks another or threatens to cause harm through physical force. To rise to the level of assault, the threat must create such fear in the victim that it is perceived to be authentic, imminent, and well-founded enough that the person who makes the threat is perceived to likely follow through with the threat. No actual physical harm is required or physical contact made for assault to be accomplished. Battery, on the other hand, occurs when a person intentionally makes physical contact with another and is responsible for either striking another or causing some object to strike another against that person's will.

If you are arrested in an assault or battery incident, representation by an experienced Los Angeles assault attorney is a necessity. People who suffer bodily harm as the result of a violent incident or the threat of physical harm are typically aggressive in the pursuit of justice as such an incident is both emotionally devastating and traumatic. Consequently, pursuing a criminal, and sometimes a civil, lawsuit against the perceived perpetrator of an assault and/or battery may prove to be cathartic-an argument not easily dismissed.

What Is and What Is Not an Assault

While most of us think of an assault or battery as a crime of opportunity that occurs between strangers, most assault and battery crimes occur in familiar places and involve familiar perpetrators. Most often taking place at work, at home, and in vehicles, these types of altercations often involve domestic violence, sexual assaults and reckless motor vehicle operation. Usually defined by what an assault and/or battery is, most allegations can be best defined as what an assault or battery is not. For instance the following situations are not considered to be assaults or batteries.

A police officer serving a warrant and having to use reasonable force to serve itA property owner defending against damage to buildings and/or landA merchant defending his or her property against theft or damageA school teacher administering a disciplinary act (specific rules concerning teachers vary by jurisdiction)Contact sportsA person who uses reasonable and/or excessive force to protect himself or diffuse an altercation that escalates into a knife or gun fightA parent disciplining his or her own child

Every assault and battery is a matter of degree. Your Los Angeles attorney is your best resource for determining if your situation rises to the level of a crime of assault or battery. Consequently, for your Los Angeles assault attorney to effectively represent you, you must openly discuss the event that led to your arrest and provide all details, good or bad, so your attorney can craft a solid strategic defense for you.

One of the most important decisions you'll make if you are charged with assault or battery in Los Angeles, is who your Los Angeles assault attorney will be. Having the right attorney who is capable of earning your trust and assessing your case objectively will prove to be your greatest asset when your case goes to trial. While early representation is important when it comes to any criminal charge, you'll want to take your time choosing a Los Angeles assault attorney to represent you. After all, it's your future and your freedom at stake.

A strong advocate for those arrested in Los Angeles for a crime of any kind, R.J. Manuelian has provided legal representation to countless assault and battery clients. A noted speaker, teacher, and often-quoted commentator, R. J. is a highly-sought-after Los Angeles criminal defense attorney . Rate this Article

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Raffi John Manuelian has published 2 articles. Article submitted on September 23, 2013. Word count: 564

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California Construction Contracts and Arbitration

It's a general piece of common wisdom that decisions rendered by a legally-empowered arbitrator are absolute and absolutely binding. The entire point of a binding arbitration clause, after all, is that it is binding. If the decisions of arbitrators were easily overturned in the courts, it would render the entire process moot.

In general, the supremacy of properly-invoked arbitration decisions is firm and unassailable. However, under California law there are two general situations where an arbitration decision can be reversed or invalidated. In the first, a decision rendered by an arbitrator can be invalidated if the decision is based on an illegal contract, regardless of whether the arbitrator or the parties involved were aware of the contract's illegality.

The second situation allowing for the invalidation of an arbitrator's decision or award is if that decision 'violates an explicit expression of public policy.' This is a more diffused situation requiring a deeper understanding of the underlying law. A good example of this is a case where an unlicensed contractor is paid for acting as a general contractor, which is prohibited under California law; a contractor must have a Class B License to build a commercial building. In a situation where a contractor without a Class B License is paid to perform construction, they are compelled by law to return all fees. If a dispute is brought to arbitration and the arbitrator decides instead that the contractor can retain all fees despite a lack of license, this decision can - and most probably would be - invalidated by a judge if the case were brought into the courts.

It is often mistakenly assumed that if an unlicensed contractor is paid for construction work in violation of the law, the entire contract between the parties is deemed illegal, also invalidating any decision rendered by the arbitrator, but this is often not the case. Simply paying an unlicensed contractor - even with full knowledge of their unlicensed (and therefore illegal) condition is generally not regarded as infecting the contract as a whole, and thus the contract is not deemed illegal. This is therefore not a valid reason to reverse an arbitrator's decision. In the previous example, if the arbitrator had decided to return all fees from the unlicensed contractor this decision would likely have been upheld and the argument of an illegal contract would not have carried the day.

A thorough knowledge of the laws governing both construction and arbitration is essential to have an effective outcome. When seeking an arbitration or mediation professional, make sure to vet their experience in both.

If you need legal assistance regarding California construction contracts, let John S. Preston help you determine the best way course of action. As an attorney and licensed real estate broker who has practiced in real estate law and securities law for more than 30 years, John can serve you as an expert arbitrator and mediator. Call 510-763-9131 or go to http://www.johnspreston.com/