Capps & Byrd LLPMorristown Personal Injury Law Firm | Family Law & Estate Planning Attorney2024-02-06T17:47:06Zhttps://www.cappsbyrdlaw.com/feed/atom/WordPressOn Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=474732024-01-30T01:39:23Z2024-02-02T01:37:27ZTime constraints and tight schedules
The demands of a workday often translate into tight schedules. Workers may cut corners and engage in risky behaviors such as speeding or rolling through stop signs to meet deadlines. The constant race against the clock can create a sense of urgency, leading to impulsive decisions that may compromise safety.
Inadequate training and knowledge gaps
Employees may not always receive comprehensive training on safe driving practices. Insufficient knowledge about traffic rules, proper vehicle maintenance and defensive driving techniques can contribute to risky behaviors. Without the necessary skills and understanding, workers may unknowingly engage in actions that put themselves and others at risk on the road.
Distractions and multitasking
The modern work environment is rife with technological distractions. Drivers on the job may feel the temptation to answer emails, make calls or use GPS applications. This diverts their attention from the road. The pressure to multitask can lead to lapses in concentration, delayed reaction times and an increased likelihood of accidents.
Fatigue and exhaustion
Long hours on the road can lead to fatigue and exhaustion, impairing a driver's ability to make sound decisions. Fatigue can mimic the effects of alcohol on the body, slowing reaction times and diminishing cognitive function. Workers, attempting to meet demanding work expectations, may underestimate the impact of fatigue on their driving abilities, resulting in an increased risk of accidents.
Recognizing these factors is important for employers and employees to implement strategies prioritizing safety and mitigating potential dangers.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=474722023-09-28T22:57:14Z2023-09-28T22:57:14Z1. Conflict escalation
One of the most significant drawbacks of using social media during a divorce is its ability to amplify conflict. Public posts and comments can quickly spiral into heated arguments, making it difficult to maintain a respectful and private separation.
2. Misinformation and misinterpretation
Social media is a breeding ground for misinformation and misinterpretation. When misconstrued or taken out of context, divorce-related posts lead to confusion and resentment. Even seemingly innocuous updates may come across as evidence of wrongdoing, potentially impacting child custody arrangements and property division. Approximately 81% of lawyers turn to Facebook to gather evidence.
3. Financial ramifications
Social media can have financial consequences during a divorce. Extravagant vacation photos or displays of lavish spending can affect spousal support or alimony negotiations. Courts may view such posts as evidence of financial stability, potentially influencing the outcome of financial settlements.
4. Child custody complications
Child custody battles are particularly sensitive to social media's influence. Parents may unknowingly provide evidence that works against them in court, such as photos depicting inappropriate behavior or questionable associations. These posts can damage their credibility and jeopardize their chances of securing custody or visitation rights.
While a powerful tool for communication and sharing, social media can have a dark side when used during divorce proceedings. Individuals navigating divorce should exercise caution when using social media.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473672023-06-26T15:16:37Z2023-06-26T15:16:37ZHow online behavior factors into child custody cases
When deciding who gets custody of a child, a judge focuses on the best interest of the child. This includes evaluating the character and fitness of each parent. With social media serving as a public record of behavior, it is a resource judges can use to gain insights into your character.
Posts that show irresponsible behavior, such as excessive partying, inappropriate comments or harsh criticism of the other parent, can negatively affect your case. Similarly, a judge can consider any evidence of behavior that could put your child's safety and well-being at risk.
Why you should be careful about your online behavior
Your online behavior can have real-life consequences, especially when it comes to matters as important as child custody. Therefore, it is important to use social media responsibly.
Consider each post's potential impact before you share it online. Always think about how a judge may perceive your online behavior. Keep in mind that anyone can save, share and potentially use anything you share online against you.
Moreover, avoid using social media to vent about your child custody case or the other parent. The court may see negative remarks about the other parent as an attempt to alienate the child from them, which is usually frowned upon.
By being mindful and responsible about what you share online, you can prevent your digital life from negatively affecting your real-life responsibilities and relationships. Understanding this connection between your online actions and their legal implications can help you make wise decisions in both the digital and physical world.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473662023-04-15T18:39:59Z2023-04-15T18:39:59ZLife-threatening injuries
Referred to as ground-impact injuries, they are twice as common in SUVs as in other vehicle models. Pedestrians are also feeling the literal pain of collisions. Regardless of biking or walking, lower head and extremity injuries are shockingly common. Additional damage can be done to the torso, abdomen, spine, and limbs.
By comparison, SUVs colliding with pedestrians can result in an impact on the chest or pelvis.
SUV-involved, fatal bicycle accidents are also on an alarming rise. In 2010, 621 crashes took the lives of bicyclists. Ten years later, the number grew to 932. Researchers cite the growing popularity of pickups and SUVs that are statistically more dangerous than cars.
Compared to cars, head injuries from SUVs were 63 percent higher. Overall bodily trauma was 55 percent higher. SUVs are also the only vehicle where injuries were caused by running over bicyclists.
The dangers to bicyclists are two-fold, with three possible outcomes, including getting knocked to the ground and run over. Injuries can still be significant and potentially life-changing, even if the latter doesn't occur.
SUV manufacturers have an obligation to rethink a design flaw to prevent further havoc that leaves accident victims severely injured.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473652023-04-14T19:37:37Z2023-04-14T19:37:37ZOvercoming the obstacles
Challenges exist when it comes to combining two family units. However, taking a practical and proactive approach can help ease the transition. First and foremost, newly re-married parents take a team-oriented approach to the new dynamic. They must be clear about roles and boundaries, particularly regarding co-parents, step-parents, and additional family members.
Flexibility and open lines of communication are strong building-block that eventually establishes a strong foundation. With children as part of the package, blending families can present significant challenges when you find a new partner. Should the new dynamic “gel,” the personal rewards are endless.
A new beginning
A new family unit is a time of significant change. Everyone in the new blended family must function as a team, from routines to set-in-stone schedules. Establish roles from the outset while clarifying that the new parent is anything but a replacement. Showing respect to the stepchildren’s bio planet can go a long way to establishing a solid relationship. Rants and trash-talking heard by the children can create more problems and make the transition more difficult.
Full disclosure in communication can take the form of periodic family meetings to see where children are with the significant change. While resistance is expected, the ultimate objective is to build trust with stepchildren. Stepparents can be as influential as biological parents. The path to harmony is long, but the rewards can be endless.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473642023-04-14T16:33:58Z2023-04-14T16:33:58ZHidden dangers
Distractions caused by curved, angled, narrowed, and winder takes eyes away from where they should be. Averting gazes takes attention away from safely finding the next step. Focusing on the next step is of paramount importance when navigating stairwells that turn out to be inconsistent in height, width, surface, and slope.
At the top of the list when it comes to dangers are angled or curved stairs. Well known as a particular trip hazard, the steps lack uniformity. The tread width inside of the curve can be too small for safe walking. More serious accidents can occur when the tread becomes split, cracked, loose, or fragile. Overall, the style tends to lack uniformity where tread width within the curve can become too small and affect safe walking.
Carpeting, while comfortable for walkers, can also lead to tragic falls. Recent findings reveal that these types of floor coverings are considered to be a prominent environmental hazard, specifically for older adults who are frail or disabled. Studies reveal that loose throw rugs are in three-quarters of homes, curled carpet edges are in more than a third, and 11 percent of rugs, on average that lack non-slip backing.
Whether an accident is caused by a design flaw or a lack of stability, stair falls can be life-changing and potentially fatal. Holding negligent parties accountable for tragic outcomes requires representation from an attorney.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473632023-04-12T22:09:40Z2023-04-12T22:09:40Z
Interstates/limited access freeways, both urban and rural – 70 MPH
Divided highways – 65 MPH
Undivided and two-lane roads – 55 MPH
Residential streets – 30 MPH
In 1974, Montana and Nevada did not set limits for speeding on roads throughout their respective states. In response to the oil embargo a year earlier, President Nixon established top speeds and 55 MPH for all interstates to save energy. While the motivation did not seem to be safety, traffic deaths decreased by nearly 17 percent between 1973 and 1974.
Disturbing data
Data from the National Highway Traffic Safety Administration in 2021 revealed that approximately 43,000 deaths occurred on roads throughout the nation, the highest number in sixteen years. Many cite that the COVID-19 pandemic, combined with drivers staying home instead of traveling, resulted in an increase in illegal behavior behind the wheel. The American Automobile Association released a 2022 report that cited drivers as more likely to text, speed, run red lights, and, even worse, drive while under the influence.
Universally, those in the know link increased speed limits – even five miles per hour – to an increase in fatalities. Yet, state after state continues to pursue higher MPHs during a time when deaths are occurring more in nearly 20 years.
Safety measures and legislation to punish speeders are having no effect in reducing tragic accidents. Lawmakers who push the increase cite more safe driving due to advanced assistance technologies on new vehicles. However, the average age of motor vehicles throughout the United States is 12 years old. Even with sensors and indicators, exceeding speed limits provide little time to course correct.
The Insurance Institute for Highway Safety has identified 15 states already approving 75 MPH speed limits on rural interstates. Out of that number, eight allow for 80 MPH on certain roads.
Increased speeds reduce the time necessary to avoid accidents. Add to that reckless and impaired driving. The problem is a perfect storm of tragedy for Tennessee residents and drivers throughout the United States.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473612023-04-10T21:23:48Z2023-04-10T21:23:48ZThe tips for staying safe
The key to riding a motorcycle safely in the mountains is to remain alert. Before you start your trip, remember:
Stock up on supplies
Over-pack items such as first aid, food, water and even camping tools such as fire-starter kits and a flashlight. If your motorcycle breaks down or you suffer an injury, the supplies will keep you safe while you wait for help.
Don’t swerve for animals
Deer, elk, foxes, bobcats and even bears inhabit the mountains. If an animal crosses in front of your bike and you cannot stop or adjust your path safely, do not try to swerve – even if means hitting them. It is safer to strike the animal and then contact the National Park Service.
Watch the center line
Some people make the unwise decision to ride on too little sleep, causing them to swerve over the center line. Remain extra alert of riders acting erratically and swerving over the line.
Expect the unexpected
The conditions of mountain roadways may change unexpectedly. Some roads can change suddenly from asphalt to mud, loose pebbles or sand. Other roads might have fallen branches, boulders, decomposing animals, water or other debris.
Obey the law
The wild majesty of the mountains does not mean the laws change. Under Tennessee law, all motorcycle riders must wear a helmet and may not speed or cross over a double line.
When you stay alert, ride assertively and keep the aforementioned safety advice in mind, your motorcycle trip to the Great Smoky Mountains will be memorable for the scenery and the good time you had – not for an injury you suffered.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473582022-07-12T08:41:58Z2022-01-27T23:30:18Zdrop-off and pick-up time has been a nightmare for you. Your child is always crying, the other parent is aggressive and rude and you’re exhausted by taking part in these exchanges multiple times a week.
When the custody arrangements you have in place aren’t working out or don’t appear to be in your child’s best interests, it could be helpful to go back and discuss other options. If you and the other parent can’t get along, there may be other alternatives that allow you to exchange custody without interaction or to change the custody order to reduce the number of interactions you have.
When your ex is rude, abrasive and aggressive, ask about court-monitored software
If you’re having problems with your ex in terms of aggressive or hurtful communication, then you may want to look into using a court-monitored app to communicate. You could also look into meeting at “safe spaces,” which are usually police stations or fire departments where custody can be exchanged. Sometimes, those facilities also let one parent drop off a child, leave, and then wait for the other to arrive.
Using court-monitored software and choosing to do drop-off and pick-up times at public places may cut down on negative interactions, which can be better for your child overall.
Concerned about your child’s behavior during custody exchanges?
If your child’s behavior seems out of the norm when you go through custody exchanges, you may want to sit down with them and see why they’re feeling however they are. If you suspect that they are being mistreated, it may be a good time to look into altering your custody arrangement.
Depending on the situation, there may be several ways to resolve the problems that you’re dealing with. You don’t need to put up with upsetting custody situations in the long-term when there are legal supports to help you. Good legal support and communication with the court may help you sort out problems with custody.]]>On Behalf of Capps & Byrd LLPhttps://www.cappsbyrdlaw.com/?p=473572022-07-12T08:42:10Z2021-09-23T17:24:26ZTennessee is an equitable distribution state, like many others
Once you officially get married, you and your spouse share your income and ownership. Only a valid marital agreement limits the rights of either spouse to the property and income of the other. If you have to litigate the property division process, then a Tennessee judge will apply the state equitable distribution statute to your assets.
They will consider many different elements from your marriage, like the length of the marriage and your earning potential, as they attempt to decide on a solution that is fair. However, state law explicitly forbids them from considering marital misconduct like adultery when splitting up your property. Equitable distribution standards give judges a little bit of leeway to create unique solutions that reflect your family's circumstances.
Fair outcomes look different depending on the family
There is no sure way to predict the solution to an equitable distribution case. Custody of your children, health issues and many other unique considerations will influence what the judge thinks is best.
Taking an honest look at your marital circumstances could help you decide what kinds of requests and concessions might be appropriate given the specific details of your marriage. Knowing the details of Tennessee divorce laws can help you push for a fair outcome either in court or when settling outside of court.
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