Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

Areas of Law

Truck Accident Law - Legal Information and Resources

Truck Accident

Truck accidents, like motor vehicle accidents, cause numerous personal injuries and deaths each year in the United States. While not as common as car accidents, truck accidents bring greater damages due to their size and weight. Trucks defined as commercial freight trucks, commonly known as 18-wheelers. Federal laws govern the trucking industry as they are part-and-parcel of interstate commerce. The federal government establishes the manufacturing standards of commercial and heavy trucks and regulates the use and operation of these trucks. States also have their own laws and regulations relating to trucks and truck accidents.

Truck accident law ensures that personal injuries sustained by occupants of a passenger vehicle as a result of a collision with an 18-wheeler is adequately compensated. Like all personal injury cases, the foremost consideration when determining liability in truck accidents is negligence. The most common party who is negligent would be the truck driver, and because truck drivers are professional drivers, multiple sources of law will apply. The truck driver, however, may not be the only party who acted negligently. Proving negligence on the part of other possible responsible parties may not be as easy as proving negligence on the part of the truck driver.

Truck accidents differ from motor vehicle accidents because the determination of who is at fault is more complicated. Because of the commercial nature of trucks, there are many parties that could be possibly liable for the damage or the death. Responsible parties could also include the truck's owner, lessee, or manufacturer. The truck's shipper or loader, when the cargo is not properly loaded, could also be responsible, while the truck's mechanics could also be responsible when it failed to check the condition of the truck prior to travel. The party responsible for the damages could be one party or all of the parties mentioned above. In addition to these responsible parties, insurance companies can also be liable for the damages as most businesses are required to get insurance coverage for these types of risks. The bulk of litigation arising from truck accidents would be the determination of who is liable, as these parties would naturally try to avoid paying damages and blame another party for the cause of the accident. When a plaintiff files a personal injury lawsuit arising from a truck accident, the plaintiff must identify all possible responsible parties because there is a statute of limitations for all personal injury claims. It is better to name all possible responsible parties at the filing of the lawsuit than add the parties after as the statute of limitations may have already ran out.

A typical truck accident litigation in the past would have the trucking company arguing against liability by pointing out that it does not own the truck and it does not employ the driver. Current federal laws, however, now state that any trucking company is responsible for all accidents involving a truck that has its name displayed on the vehicle. This means that the trucking company is liable even if the truck is leased from another company and the driver is an independent contractor.

Aside from proving liability, the plaintiff must show the extent of his damages by engaging expert witnesses such as a physician to assess the physical damage and an economist to assess damages arising from loss of income and earning capacity. On top of these experts, the plaintiff must also engage the expertise of a truck accident law attorney to skillfully navigate the complicated litigation against those who might also be responsible.

Areas of Law