Posts by James

Covering Some of Your Mineral Rights Concerns

Posted by on Oct 10, 2018 in Mineral Rights | 0 comments

Discovering you have significant resources on your land can be wonderful, but it also leads to a major burden of new responsibility. Do you sell or wait? Do you try to become an expert in the market and get the most you can or do you hire an expert to help you make the best deal? Does the best deal even matter to you?

These questions can, in the short term, turn a great discovery into an extra level of difficulty you didn’t need. To help you get from discovery to the satisfaction of making the right choice, here are a few points to consider in the aftermath of finding out you have major mineral resources on your land.

Work with experts

The simplest way to make sure you get a good deal is to hire an expert to look out for your interests. As mentioned directly below, it’s hard to become an expert overnight, and if you are worried about making the right choice, and you don’t want to make the tough decisions alone, getting a mineral rights’ expert can help. Find one that has good qualifications and charges a fair rate.

Don’t overestimate how much you know about the market

This is a common mistake. You may want to wait out the market until it hits a big high, but be aware that predicting markets is incredibly difficult and comes with significant risk. You are just as likely to see prices decline as rise in some circumstances.

Consider how much you need the money now

Are you in a financially stable position or could you use income quickly? This is perhaps the biggest question you should ask yourself. If you can afford to wait, then you can choose to do so or not. If you can’t, don’t put your mineral rights income at risk.

Consider the long-term for your family

This point is often missed by those who discover they possess significant mineral rights. You never know what tomorrow brings, and that means you need to know what position you’ll leave your family in if something happens to you. As The Mineral Auction points out, if you leave mineral rights to your family, they can be tied up in probate court or in a trust for a significant period. If they need income after your passing, it may not be possible to get it for a long while.

Once again, it all comes down to whether your family is in a good enough financial position that they can wait to receive the rights and wait to sell or if they’ll need that financial boost immediately.

Trust your gut

No one has the right answer to these questions but you. You have to trust yourself and your gut. Is it right to sell? To hold off? To work with experts? To put rights in a trust? Only you, ultimately, can make those choices, and the best way to make them is to thoroughly consider your position and trust your instincts.

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Change U.S. Drug Policy

Posted by on Oct 14, 2017 in Criminal Defense | 0 comments

This country needs to reexamine its drug policies. In light of recent events in this country and abroad (which I’ll discuss in a moment), we need an across the board redefinition of what constitutes an illegal drug, what constitutes possession, and what constitutes a sale.

A number of major changes have taken place in the recent past (and continue to today) which should make us all reconsider how we look at drugs.

In the first place, several US states have taken the massive step to legalize marijuana. This change follows successful efforts in countries like the Netherlands, which decriminalized some time ago and has seen few if any adverse affects.

We need to have a law in the country that makes a definitive choice about whether marijuana should be illegal or not. Most Americans support legalization, and the positives of legalization in states like Colorado (where there’s been a great deal of job growth and tax revenue due to new marijuana-based businesses) with the limited downsides (no explosion in new users), suggest the obvious answer is legalization.

The second significant change in American culture has been the prescription drug epidemic. This is different from previous drug problems in the country for multiple reasons. First, the drugs are legal in many instances, at least when first prescribed, which makes the entire transaction harder to place in an immediate illegal category (versus the use and selling of, say, heroin, which is illegal at every step of the process). Second, the addiction is hitting new communities. Rural whites are now experiencing higher numbers of addiction than in recent decades. The old dynamic of drug addiction is a city problem, and one often associated with racial issues in this country is quickly dying.

A final point here is that the prescription drug addiction problem highlights a general hypocrisy in the way we view drugs. Drugs more powerful than heroin are handed out by doctors for routine injuries, but this is not considered illegal. Drugs more powerful than heroin are flooding our streets, but there has not been a similar crackdown as there was during, say, the crack epidemic.

What this suggests is America is perhaps ready for a more ethical, straightforward, and compassionate drug policy, one in which use is decriminalized and treatment is offered judgment-free (or as close as possible).

The successful implementation of legalized marijuana laws in Colorado and other states, and the long-term and ongoing success in countries like the Netherlands, suggests there is a road forward in which the legal consequences of use are removed, the money earned from drugs is taxed, and the use is more easily regulated in the light of day.

 

While a debate should be had over which drugs belong within the legalization category, it’s crucial for America to begin this discussion now with this ultimate goal in mind. Far too many people suffer from drug addiction without help, far too many go to jail for nonviolent crimes, and there’s far too much inconsistency in the system at the moment. Things need to change.

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Majority of Fatal Truck Accidents are Due to Sleepy, Tired or Impaired Truck Drivers

Posted by on May 24, 2017 in Car Accidents | 0 comments

Many truck drivers are paid based on the number of miles they cover during their hours of service. Thus, to earn more, they should cover as many miles as they can. The “hours of service” law passed by the Federal Motor Carrier Safety Administration (FMCSA) allows drivers to drive up to 11 hours maximum every day, though.

In order to stay longer on the road, therefore, as there is money only if their truck’s wheels are moving, many drivers push themselves to the limit, denying themselves of rest, choosing either to drive rather than pull over for short rest periods, or shorten the mandated 10-hour off time between shifts to be able to start on the road early. They do this despite feeling sleepy and/or fatigued, and despite knowing that this condition compromises the safety of all other motorists. As a result, so many truck accidents occur and, in so many of these accidents, involved truck drivers recall that they had their eyes closed, due to sleepiness, prior to impact.

A study conducted by the Federal Motor carrier Safety Administration (FMCSA) shows that trucks drivers, rather than drivers of smaller vehicles, are the ones liable in majority of truck accidents, which injure more than 100,00 and kill close to 4,000 others every year.

Truck driver errors include: fatigue; alcohol-impairment; impairment due to illegal, prescription or over-the-counter-drug; driving too fast for road conditions; overspeeding; lack of the skills required in the safe operation of a truck; unfamiliarity with the road; driving distractions; lack of focus on the road; failure to check blind spots or “no-zone” areas; improper attachment of trailer; and failure to make sure that the brakes are in good working condition before hitting the road.

The injuries sustained in such accidents and their resulting medical bills can leave a person unfairly dealing with the mistakes made by a negligent truck driver, company, or manufacturer on a permanent basis. Losing a loved one is much more unbearable. And though it is normal to not think about legal action at first, as time goes on and the wound begins to heal, seeking justice against the party responsible for the loss of your loved one might become more important to you. Realize that it is possible to hold the person or persons accountable for your injuries (to receive damages for your treatment costs and lost wages) or for your loved one’s death.

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Negligence and Car Damage

Posted by on Feb 17, 2017 in Car Accidents | 0 comments

According to the Association for Safe International Road Travel over 37,000 individuals are killed in road crashes each year. A significant portion of the population is well versed on the contributions of alcohol and other mind-altering substances to these statistics; however, negligence, a lesser-known influencer of fatal accidents, often goes unmentioned.

According to Mazin & Associates, PC, car accidents occur every single day. Most damages to motor vehicles are caused by an individual’s intentional or unintentional negligence. In inclement weathers for instance, an individual’s lack of knowledge during these extenuating circumstance can be the difference between life and death. A person born and raised in the California may be ill prepared for the snow and black ice of Michigan. In such adverse conditions, a car is prone to sliding on ice. The individual may not possess the adequate driving knowledge or experience to know how to react to such a condition. Alternatively, a driver who is educated on such harsh environmental conditions may also get into a car accident. Someone who is overly confidence of his or her driving skills in harsh weathers may develop a false sense of security, which can induce reckless behaviors such as speeding in a storm.

Shopping carts are another example of how negligence can cause car damages. An individual in a hurry may forget to put a cart away; or alternatively, a particularly lazy individual may intentionally leave a cart unattended. In the event of a strong wind, these seemingly harmless instruments can cause a significant amount of damage onto an individual’s vehicle. Indeed, there is a large amount of queries regarding runaway carts and the liabilities involved.

Tailgating, the intentional act of driving unbearably close to another vehicle causes a significant number of vehicle accidents. A driver with a disregard for safety may tail another car in order to inform the individual in front to move faster or switch lanes. This kind of activity can lead to rear-end collisions.

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Escalator Accidents: Could It Happen To Me?

Posted by on Oct 1, 2016 in Personal Injury | 0 comments

It’s not unusual to hear news of people getting seriously injured in escalator accidents. It’s a news item that pops up from time to time in websites and TV programs. Watching these accidents unfold through the grainy footage of security cameras, we might often think that such accidents aren’t likely to happen during our weekend trips to the mall. Escalator accidents can often seem bizarre and distant—something that only happens to strangers on TV. However, as one study from the University of Bern has noted, about 10,000 escalator-related accidents occur all over the country every year.

The Clawson and Staubes, LLC: Injury Group emphasizes that escalator accidents are more common that most people assume. They report that the common causes of escalator accidents include errors made during installation, insufficient maintenance, as well as inaccuracy in design. All of these issues can increase the risk of accidents that lead to serious injuries, leaving people vulnerable to possibility of disability.

Considering the prevalence of escalator accidents, it’s important that the public become aware of ways that such incidents can be prevented. Most of the responsibility lies on property owners, as they are expected to make sure that everything in their premises live up to safety standards imposed by the law. They are responsible for regular inspection and upkeep to ensure that anyone who visits their establishment is safe from any danger.

It’s important for people to remain aware of the risks that are present in machines like escalators that are typically available in establishments frequented by the public. Escalator accidents can lead to grave injuries, and such injuries can have devastating effects on one’s life. Should you or anyone you know become seriously hurt due to an escalator accident, do not hesitate to contact a personal injury attorney to learn what steps you should take next.

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