The Law Offices of Bailey & BurkeThe Law Offices of Bailey & Burke2024-02-16T19:31:08Zhttps://www.baileyandburke.com/feed/atom/WordPress/wp-content/uploads/sites/1203524/2023/05/cropped-site-icon-32x32.pngOn Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545992024-02-12T19:31:16Z2024-02-16T19:31:08ZCreating of living trusts
Whenever a piece of property passes directly to another person by law, it can avoid probate. A living trust accomplishes this by allowing a person (the trustor) to transfer ownership of assets to the trust while still alive. Upon the trustor’s passing, these assets pass directly to the chosen beneficiaries.
A trust requires a person to draft a document that names the beneficiaries and a trustee to manage the trust. By changing titles and ownership of property, the trustor can transfer assets to the trust that will not need to go through probate.
Jointly owning assets with intended beneficiaries
A property owner can also title assets jointly with another person and ensure that the individual has rights of survivorship. Then, ownership automatically transfers to the surviving joint owner upon a person’s death. The property owner could also assign multiple joint owners.
Common forms of joint ownership include joint tenancy with the right of survivorship and tenancy by the entirety, which married couples can use. Families should be mindful of potential drawbacks with this strategy, such as loss of control over the asset and exposure to the joint owner's creditors or legal issues.
Setting up payable-on-death accounts and transfer-on-death designations
With payable-on-death accounts, a person can designate beneficiaries who automatically inherit the account funds upon the account holder’s passing. Common types of POD accounts include bank accounts, certificates of deposit and retirement accounts.
Setting up a POD account involves contacting the financial institution and completing the necessary paperwork that specifies the chosen beneficiaries. As with other estate planning vehicles, account holders need to review and update beneficiary designations if their wishes change.
Transfer-on-death designations allow an individual to name beneficiaries who will automatically inherit specified assets. Similar to POD accounts, this requires drafting and regularly updating documents with the appropriate entity. While a person can use a TOD for stocks and bonds, the transfer of vehicles and real estate is no longer possible through this method in Massachusetts.
There is more than one way to get around having an estate go through probate in Massachusetts. By choosing the appropriate option, a family can avoid the stress and strain of that process.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545982024-01-26T04:10:46Z2024-01-26T04:10:46ZThe icy reality
According to Massachusetts Department of Transportation reports, weather-related factors cause a significant percentage of accidents during the winter. In fact, icy pavement causes 13% of weather-related accidents, 8% happens during snow or sleet and slushy or snowy pavement cause 16% of weather-related wrecks.
This accident data reveals a stark truth—winter months witness a notable surge in road incidents. Slippery roads and reduced visibility contribute to an increased likelihood of accidents.
Snowfall and its impact on road safety
Roads transform into hazardous paths during falling snow. Even with the best intentions, drivers may struggle to maintain control on icy surfaces. The Massachusetts Department of Transportation emphasizes the need for heightened caution during and immediately after snowfall.
Reduced visibility and road challenges
Winter not only brings snow but also reduces visibility due to fog and precipitation. Winter also brings shorter days, so work commutes may take place in the dark.
The combination of snow accumulation, ice and limited visibility creates a challenging environment for drivers. An increased number of accidents occur during times of poor visibility, urging motorists to exercise extra caution during winter months.
Black ice
One of the most treacherous aspects of winter driving is the presence of black ice because it is often invisible. Accidents related to black ice sometimes happen because drivers traveling at speed think the roads are clear. Suddenly discovering black ice with violent skids and losing control of vehicles causes many wrecks.
Driver frustration
Falling snow can reduce freeway traffic speeds by 5 to 44%. Drivers often become frustrated and make risky driving decisions trying to make up lost time, potentially causing collisions.
Safe driving practices in winter
Understanding the risks associated with winter driving contributes to road safety. Adapting good driving habits, maintaining appropriate speeds and allowing extra time for travel are essential precautions. Staying informed about weather conditions and road closures can further minimize winter accidents.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545862023-12-14T21:05:04Z2023-12-15T21:04:02ZProtecting your loved ones
Estate planning is not just about wealth. It is also about safeguarding the interests of your loved ones. Whether you are in your twenties or your fifties, life is unpredictable.
Approximately 22% of 25-year-old American adults are in a marriage as of 2021. Establishing a plan early on can ensure that there are ways of providing for your family and spouse in the event of unforeseen circumstances. This may include decisions about guardianship for young children.
Making healthcare decisions
Estate planning extends to healthcare decisions as well. Through tools like advanced healthcare directives and living wills, you can express your preferences regarding medical treatment and end-of-life care. Having these directions in place can relieve loved ones of the burden of making hard decisions during challenging times.
Planning for a legacy
If you want your children to eventually get higher education or wish to donate to charity, estate planning can play a big role. Structuring assets to support educational endeavors and outlining intentions for charitable contributions is important. This ensures that personal values are upheld and passed down through generations.
The sooner you start planning, the more adaptable the plan can become. In short, there is no age too young for estate planning and you should take steps early on to unlock the potential for a stable and secure future.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545802023-10-21T15:41:39Z2023-10-21T15:41:39ZData collection process
Car insurance tracking apps use various sensors and data sources within your smartphone to collect information about your driving behavior. The Global Positioning System in your smartphone plays a crucial role in tracking your location and movement. Telematics, a combination of telecommunications and informatics, helps analyze this data. Your phone's GPS and telematics capabilities allow the app to pinpoint your exact location, track your driving routes and assess your driving habits.
Data points used
The app monitors your speed, ensuring that you adhere to speed limits and follow safe driving practices. Speeding violations can affect your insurance premiums, making it important for insurance companies to track this aspect of your driving.
They also analyze your acceleration and braking patterns. Sudden accelerations and hard braking can indicate risky driving behavior, which may result in increased premiums. Companies may reward drivers with safe, gradual accelerations and smooth braking.
The time of day and the distance you travel are also significant factors. Some apps track when you drive, as certain times, such as late at night, can be riskier due to lower visibility and increased chances of encountering impaired or fatigued drivers.
Scoring and feedback
Your driving data helps create a driving score, which reflects your overall driving habits. It offers feedback and insights into your driving behavior. You can use this feedback to improve your driving habits and potentially lower your insurance premiums.
Privacy concerns
While car insurance tracking applications can offer benefits, privacy concerns arise as insurance companies have access to your location and driving habits. Many apps address these concerns by allowing users to opt-in or opt-out of data collection or by ensuring they use the data solely for rate calculations and do not share or sell it to third parties.
For safe and responsible drivers, car insurance tracking apps can result in significant savings on insurance premiums. Some apps offer real-time feedback on your driving habits. This can be valuable for immediate correction of unsafe behavior and can help you become a safer driver overall.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545792023-10-19T20:49:19Z2023-10-19T20:49:19ZDecreased focus
When you are behind the wheel and engaged in texting, you divide your attention. Your focus shifts away from the road and towards your phone. The brain can only process so much information at once, and trying to split attention between texting and driving significantly impairs your ability to respond swiftly to changes in your driving environment.
Decreased visual perception
When texting, your eyes are on the phone, causing you to miss crucial visual cues on the road, such as a car suddenly stopping or a pedestrian crossing. Research has shown that the average response time for a driver engaged in texting can be up to three times longer compared to a focused, attentive driver. In emergencies, those precious seconds lost can make a world of difference.
Decreased cognitive processing
Cognitive processing is another area impacted by texting while driving. The brain needs to process information, make decisions and execute physical actions like steering or braking. Texting disrupts this process, leading to slower decision-making and reaction times. Texting diverts cognitive resources away from the task of driving, impairing your ability to think and react quickly.
Decreased manual dexterity
Typing out a text message or scrolling through your phone requires the use of your hands and fingers, making it challenging to maintain control of the steering wheel and respond effectively to sudden changes in traffic or road conditions. This manual distraction poses a significant threat to road safety.
Texting while driving not only affects your response time but also has the potential to cause a ripple effect. If your delayed response to a situation leads to a collision, it can impact the response times of other drivers as well. These distractions lead to accidents, injuries and even fatalities. It is important to recognize such incidents are largely preventable by simply putting down the phone while driving.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545772023-10-03T14:40:04Z2023-10-03T14:40:04ZThe significance of warnings
Property owners have a responsibility to maintain safe premises for visitors. This includes regularly inspecting and addressing any hazardous conditions. When a potential hazard cannot be immediately eliminated, posting warning signs is a common practice. Warnings serve as an alert to visitors, giving them an opportunity to exercise caution.
While warnings can be helpful, they do not automatically absolve property owners of liability in slip-and-fall cases. The key question is whether the warning was reasonably visible and clear enough for a person to notice and understand. If a warning fails to meet these criteria, it may not negate liability.
The role of disclaimers
In some cases, property owners may use disclaimers to limit their liability. Disclaimers are typically written statements that attempt to shift responsibility away from the property owner and onto the visitor. However, the effectiveness of disclaimers is not absolute.
To be legally binding, disclaimers must meet certain conditions. First and foremost, they must be prominently displayed and easily noticeable. Hiding a disclaimer in fine print on a contract or a sign is unlikely to hold up in court. Additionally, disclaimers cannot absolve property owners of liability for gross negligence or intentional harm.
Globally, 37.3 million people require medical attention due to a fall every year, many of whom face long-term medical consequences. Warnings and disclaimers can be important elements in slip-and-fall cases, but they do not automatically negate liability.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545752023-09-19T18:45:07Z2023-09-19T18:45:07ZCell phone use
One prevalent form of distraction is texting or using a smartphone while driving. The allure of a buzzing notification or a tempting message can be irresistible, but it diverts attention away from the road. Texting requires visual, manual and cognitive attention, making it one of the riskiest distractions while driving.
Eating and drinking
Another common distraction is eating or drinking while driving. Grabbing a quick bite or sipping a beverage on the go may seem harmless, but it can take a driver's hands off the wheel and focus off the road. A moment of inattention is all it takes for an accident to happen.
Talking to passengers
Conversations with passengers can also be a significant distraction. Engaging in animated discussions or turning to look at someone while talking can divert attention from the road ahead.
Messing with technology
Adjusting the radio, GPS or other in-car entertainment systems is another common source of distraction. Even seemingly innocent tasks, such as changing the radio station or programming a navigation system, can cause drivers to take their eyes off the road for seconds. These moments of inattention can lead to accidents, especially in high-traffic or complex driving situations.
Daydreaming
Daydreaming is a distraction that often goes unnoticed. Drivers' minds may wander to work, personal matters or any number of concerns, causing them to miss important details on the road. Drivers must stay mentally present to react swiftly to changing traffic conditions.
Grooming
Fixing hair, applying makeup or shaving while behind the wheel can lead to dangerous accidents. These activities demand visual and manual attention, making them a hazardous choice when driving.
In today's fast-paced world, distractions are all around, and unfortunately, this extends to time behind the wheel. Distracted driving is a growing concern, and its consequences can be devastating.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545742023-09-05T16:06:29Z2023-09-05T16:06:29ZDuty of care
App-based ridesharing services are responsible for a 3% increase in fatal accidents over the years. With this in mind, the first step in evaluating negligence is establishing the duty of care.
Drivers of rideshare vehicles and taxicabs have a responsibility to make sure their passengers and other road users are safe. They must follow traffic laws, drive responsibly and focus on the well-being of their passengers.
Breach of duty
Negligence happens if the driver breaches their duty of care. This could involve actions like speeding, running red lights or driving under the influence. If a driver's behavior is not what a reasonable and cautious driver would do, they might be negligent.
Causation
To prove negligence, it is important to connect the driver's breach of duty and the accident. If the driver's actions directly lead to the accident and resulting damages, there is causation.
Foreseeability
Foreseeability is about predicting the potential consequences of one's actions. In rideshare and taxicab accidents, it involves considering whether a reasonable driver could have known that the harm that happened due to their actions. If the harm was foreseeable, it strengthens the argument for negligence.
Evidence
Determining negligence requires getting evidence such as statements from people who saw the crash, photographs of the accident scene and any available video footage. This evidence helps establish the sequence of events and the actions of the driver.
As rideshare services contribute to a rise in fatal accidents, it's imperative for people to be well-informed about these issues so they can protect themselves both before and after an accident.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545732023-08-22T17:15:33Z2023-08-22T17:15:33ZWhat is the "no-fault" system?
In Massachusetts, the "no-fault" system means that after a motor vehicle accident, you turn to your own car insurance provider for compensation, regardless of who caused the crash. This covers medical expenses, property damage and other related costs. For significant injuries or damages, you may seek compensation from the at-fault driver's insurance but must meet certain thresholds.
Which factors determine fault?
Several key factors help determine who was at fault in a motor vehicle accident:
Police reports. Law enforcement officers who respond to the scene will create a report detailing the incident. This document often becomes a primary source of information about what happened and may provide insights into who bears responsibility for the collision.
Witness statements. Individuals who witnessed the accident can give accounts that help piece together the events leading up to the crash. Their statements can offer perspectives on who might have violated traffic rules or been inattentive.
Evidence from the scene. Things like skid marks, vehicle damage and even traffic camera footage can play a role in painting a picture of the events that transpired.
It is also important to understand Massachusetts' specific traffic laws. Violations of these laws, like running a red light or speeding, can influence the determination of fault.
If you are in a motor vehicle accident in Massachusetts, report the incident and gather as much evidence as possible. This ensures that the determination of fault is accurate and fair. Remember that while the "no-fault" system simplifies some aspects of the process, determining fault can still influence the outcome of any claims.]]>On Behalf of The Law Offices of Bailey & Burkehttps://www.baileyandburke.com/?p=545722023-07-11T20:03:46Z2023-07-11T20:01:54ZAre there many dangerous accidents in Clinton?
One way to measure the danger of a road is to look at locations of fatal accidents. Overall, the rate of fatal accidents is much lower in Clinton compared to the rest of the commonwealth. From 1975 through 2021, Clinton reports 28 fatal accidents. During this same time the commonwealth reports 12,424 fatal accidents.
Which roads in Clinton report fatal accidents?
Some of the most dangerous roads in the town include:
Route 62.
Route 110.
Brook Street.
Pleasant Street.
Massachusetts Route 62 is the location of multiple fatal accidents. One of the more recent happened in 2018 when two vehicles collided at the corner of Route 62 Union Street and School Street. Another at the corner of Route 62 Chestnut Street and Green St. Other areas that report a history of fatal accidents in Clinton include High Street, Berlin Street, Water Street, and Main Street.
The causes of these types of accidents can vary. Common factors often include speeding, driving while intoxicated, and negligent driving practices like using a phone or failing to pay attention while driving.
What types of injuries are common after car accidents?
Although the data above focuses on the most tragic of accidents, even a typical rear-end or T-bone accident can come with serious injuries. Injury to the head and spinal cord as well as internal organs can result in the need for medical care and the inability to go to work for weeks or months.
These accidents can be very expensive. Depending on the details of the accident the cost may be the responsibility of the other driver. This is generally true if the crash was the result of the other driver’s negligent or reckless driving.
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