Everyday, business professionals send and receive dozens, if not hundreds, of e-mails. Approximately 247 billion e-mail messages are sent every day, according to ABC News. For many professionals, the volume of work e-mails sent and received can be overwhelming. As professionals wade through the daily e-mail morrass as quickly as possible, they should be aware that even quick, seemingly innocuous e-mails can lead to the unintentional formation of a binding contract. As state and federal laws became more e-commerce friendly, it’s important to understand what types of communication can potentially bind parties.

In 2000, Congress enacted the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. Section 7001 et seq. (2006). The purpose of the E-SIGN Act is to facilitate the use of electronic records and signatures in e-commerce, and to recognize the validity and binding effect of e-contracts. The Act emphasizes that a contract cannot be denied legal effect simply because e-records were relied upon in the formation of the contract. The Act also preempts all conflicting state laws, while at the same time exempting wills, trusts, and family law matters from coverage. In addition, California adopted the Uniform Electronic Transactions Act (UETA) – a model state law meant to further facilitate electronic transactions within the state.

After the E-SIGN Act and UETA, even simple, everyday e-mail exchanges may ultimately manifest a “meeting of the minds,” even if that is not what was intended. For example, ambiguous communication with customers or B2B partners can be the basis for a contract if employees are not careful.

The attorneys at Abronson Law have experience with the nuances of e-contracting. Our team of experts can arm you and your employees with the knowledge to avoid unintentional e-contracts. We can help you draft policies, disclaimers, and practices likely to avoid unintended contracting — and the subsequent expenses related to any business litigation that may result from an e-mail exchange.

A red light means you stop or prepare to stop in enough time to actually obey the light. The defendant in this instance was not only speeding, but missed stopping for the a red light and then rammed into another car and slammed into a concrete bus bench where a woman was sitting.

At 6 a.m. that morning, the driver of the pickup that caused this accident told police that he was heading south when he tried to stop for a red light. However, he did not brake in time and careened into a white sedan. He then hit the bus stop bench and dragged the woman he hit for about 10 feet while she was pinned under the truck.

This was a horrific accident that did not need to happen. As a result of this man driving without a license and without insurance, one woman died, and the truck’s passenger was seriously injured. Both victims have the right to file lawsuits; one a wrongful death lawsuit, and the other a personal injury lawsuit.

There may be more to the story other than the facts that he didn’t possess a driver’s license and insurance; an investigation will determine this. In the meantime, the best thing to do in a situation like this is for the injured passenger and the family of the deceased woman is to talk to a team of competent attorneys about legal rights in this situation.

In the state of California, winter driving can be a challenge since roads do not see a lot of rainfall throughout the year and oil build-up can sometimes be thick and very slick.

When severe injury to another person occurs, there is need for legal accountability

If you find yourself involved in an accident with another driver who has not adjusted properly to road and weather conditions, consult with an auto accident lawyer quickly. The insurance company of the driver at fault may contact you promptly after the accident in an attempt to blame the accident on bad weather or poor road conditions. The wisest thing is to not comment until you’ve had a chance to talk about the accident with an attorney.

The goal of any insurance provider is to make the smallest possible payment on a claim that is filed. However, an attorney has a different goal – making sure that your interests and rights are protected and that you are properly compensated.

Common law recognizes four basic levels of fault:

• Negligence

• Reckless or wanton conduct

• Intentional misconduct

• Strict liability

Negligence generally means careless or inadvertent conduct that results in harm or damage. It is a recurring theme in the majority of automobile accidents and encompasses both active and passive forms of fault. For example, failing or omitting to do something (e.g., yielding a right-of-way) may result in liability just as much as actively doing something wrong (e.g., running a red light).

Reckless or wanton conduct generally refers to a willful disregard for whether or not harm may result and/or a disregard for the safety and welfare of others.

Strict liability may be imposed, even in the absence of fault, for accidents involving certain defective products or extra hazardous activities (such as the transportation of explosive chemicals).

Under most state laws, people who have caused an automobile accident have committed a “tort,” a private wrong against another, which generally does not constitute a crime. Those who have committed torts are referred to as “tortfeasors” under the law. Many automobile insurance policies continue to use the word “tortfeasor” to refer to people who are at least partly “at fault” or responsible for an accident.

All three people were trapped in the car and had to be removed by EMS professionals. Nobody in the car was wearing a seatbelt. The driver who was injured told the police that he was temporarily unable to see because the 18-wheeler that he passed sprayed his windshield with sheets of water.

There are many possible outcomes in a situation like this – including a wrongful death suit filed on behalf of the woman who died, and/or a personal injury lawsuit filed by the injured passenger. In a situation where the exact details of the accident are unclear, it’s wise to seek counsel from an experienced personal injury attorney.

If you or someone you know is injured an accident that was likely due to reckless driving, it’s best not to deal on your own with an insurance provider; it’s highly possible that one could lose out on compensation he/she is entitled to receive.

Since a majority of young people today are most comfortable using text messaging to communicate, it’s not surprising that cell phones and teen drivers are a dangerous — and sometimes lethal — combination.  Recent studies have shown that that young people ranging from 15 to 20 years of age die most frequently because of traffic accidents. Additionally, a lot of personal injury cases stem from people using hand-held cell phones.

Not too long ago, a teen in Miami was texting and driving; this resulted in an accident that killed one person and seriously injured another. This teenager was seen driving recklessly, meaning more than 60 MPH, and texting while in a 40 MPH zone. It was later determined that the teen was an avid texter, as he had exchanged 127 messages that very day. He sent his last message just two minutes prior to the paramedics being called.

As a result of this teenager texting while driving, a man was seriously injured, and his wife (a mother of two) was killed. The victim’s family just received a judgment for $8.8 million.

When a driver texts and drives, his or her attention is distracted and reaction time is delayed — meaning more traffic accidents.

The courts have determined that when texting while driving causes a traffic accident, it is deemed gross negligence. When charged with gross negligence, a person can be sued for punitive and compensatory damages via a personal injury lawsuit.

It’s been proven that driving and using a cell phone impairs a driver’s ability to react just as if he or she had a .08 blood alcohol level. If you need to communicate with someone, simply stop on the side of the road where it’s safe, carry out your communication, and then get back on the road after your conversation is over.

Furthermore, investigators found a pipe too small for the flue and the chimney was clogged with soot. A connector pipe was installed in the incorrect location and placed too close to flammable materials.

In an attempt to make sure that this does not occur again, the family filed a wrongful death lawsuit. As a requirement in the lawsuit, the heater company was expected to produce the results of the combustion test they claimed to have performed; it was never produced. The plaintiff’s attorney tried to settle out of court, but the business refused to settle under any conditions.

The case will go to trial, with a massive amount of evidence from the fire department. The plaintiff is seeking unspecified damages, along with punitive damages for the wrongful death of her father and for violating the consumer protection laws of the state.

At this point, evidence points to the probability that the company that installed the heater was negligent and caused this wrongful death.

When a death occurs, and there is a question of negligence on the part of another person or entity, it is necessary to talk to a professional personal injury lawyer to be guided as to how to proceed. At Abronson Law, we work on a contingent-fee basis. This means that we do not get paid unless we win the case. We are here to help, and welcome you to call us for a free consultation.

The police report indicates that the Acura and both of the semi-trailer trucks were traveling north when the driver of the Acura decided to change lanes. Upon changing lanes, the Acura clipped one truck and spun out of control into the lane of the second truck, which ran over the Acura.

While the two male passengers sustained serious injuries, the drivers of the two semis escaped unscathed.

A police report stated that the Acura had been cut in two parts, which resulted in the ejection of one passenger and the entrapment of the other in the wreckage of the car. The driver and the passenger were transported and treated at a local hospital.

Proving who was at fault in a car accident demands a complete understanding of motor vehicle laws, engineering principles, accident reconstruction and a dedication to uncovering all of the important facts surrounding a crash.

In many instances, the reasoning is obvious. But in other cases, its necessary for a California personal injury attorney to dissect the events of the accident and employ advocacy tactics to realize the best possible result.

Any accident similar to the case just described requires the right attorney with the proper amount of training and experience to handle a California personal injury claim. If you happen to find yourself in a situation where fault in an accident is unclear, Abronson Law Offices can help. We have experienced attorneys that look out for clients’ best interests and the best possible income after enduring a traumatic accident.

When traveling this winter in less-than-favorable conditions, be sure to get plenty of rest before setting out. Make sure you have a full tank of gas and that your windshield wipers have recently been replaced.

In addition, for those that frequently drive over windy roads, keep in mind that bridges that aren’t exposed to the sun because they are blocked by redwood or other types of trees can get very slippery in the rain.

Be sure to allow extra time to drive to your destination, and pay close attention when doing things like accelerating, turning, and braking. Fast driving and quickly changing lanes can make driving especially dangerous during the winter. Remember that serious and even fatal accidents can occur when you’re not careful in a winter storm.

In the San Francisco Bay Area, this type of behavior can typically be seen during the morning commute on highway 101, 280 or 85.

While cellphone use is the leading cause of fatal accidents, there is also texting while driving, eating, drinking, talking to other passengers, watching the scenery, programming a GPS system, picking things up off the floor, changing discs in the mp3 player and so on. When distracted driving is the cause, it is an issue that calls for changing driver behavior and perceptions; the perception that it is alright to do anything more than focusing on the road.

Anyone finding themselves involved in an accident where the other driver was driving while distracted has the right to contact a qualified personal injury lawyer to inquire about what legal options are open to them. If they were injured, they may be able to seek compensation for those injuries, including medical bills, lost wages and other financial — as well  as personal — hardships that resulted from the accident.