Wednesday, October 25, 2017

Florida Motorcycle Road Rules | McMann Law, P.A. - Motorcycle Accident Attorney

Original Article: http://mcmannlaw.com/personal-injury/motorcycle-accident/florida-motorcycle-road-rules/

Florida Motorcycle Road Rules | Motorcycle Accident Attorney Lakeland Florida

Most rules that apply to vehicles also apply to motorcyclists, in Florida. There are licenses to obtain and much of the same road rules to follow. In Florida, with the abundance of motorcycles, one must be vigilant when sharing the road. If you spot a motorcycle on the road you should give them extra space and know where they are at all times. And if you are driving a motorcycle and you are injured in an accident, contact a motorcycle accident attorney immediately.

Lane Sharing

Lane splitting is not legal in Florida, but lane sharing is. This is when two motorcycles share a lane and drive side by side. They must be driving at the same or approximately the same rate of speed.

Motorcycle Control Rules

First and foremost, Florida requires motorcyclists to be in full control of the vehicle while they are driving. This means that he must be sitting properly at all times. The motorcycle must also be equipped with a secure-permanent seat for the driver. He must be in moped position which is sitting as if straddling a horse, with one leg on either side of the motorcycle. The person must be facing forward, with both wheels on the ground. The driver must have both hands on the steering wheel, and not be carrying a package that would impede this. He is able to lift his leg from the footrests if needed. He must be sitting at all times, although the driver is able to rise from the seat to ensure careful driving.

Lights

Unlike regular automobiles, Florida only requires motorcycles to have one functioning light. The motorcyclist must have a rear view mirror that can see at least 200 ft behind him.

Rules For Carrying Passengers

Florida does not require that motorcyclist passengers wear helmets. And the number of passengers that bike can carry varies, depending on the motorcycle’s equipment. For example, a standard motorcycle can typically seat two passengers. But if the motorcycle has a sidecar, it can seat more passengers. A passenger sitting behind the driver is knows as a  ‘pillion passenger’. The passenger should not interfere with the conducting of the motorcycle when riding along.

Wednesday, August 30, 2017

How Does The Divorce Process Work In Florida?

This article was written based on the information provided in the Official Florida State Statutes Chapter 61 Section 052 (Dissolution of marriage)
 Author: James Skinner

Divorce can be quite a simple and easy process when both parties mutually agree and no children are involved. In a situation such as this one, divorce can be as simple as filing a form. In Florida, a couple can file for divorce as long as one of the individuals has been a registered resident of the state for six months.

In general, dissolution of marriage can be granted if one of the two conditions are met:

    •    the marriage is irretrievably broken
    •    one of the parties has a mentally incapacity

In the case of the marriage being irretrievably broken, the court will aim to confirm that the marriage is indeed irretrievably broken. As long as both parties agree to the divorce, the court will easily proceed. However, it will not be this simple if a child is involved or if the divorce is not mutual. Under these circumstances, the court will order both parties to consult with a professional such as a marriage counselor, priest/rabbi, or someone qualified by the court.

During this time, the court can draw the divorce out for up to 3 months to grant both parties enough time to reconcile. And in the case of a child being present, the court will take actions that are in the best interest of the child. Throughout this process, the court may determine that the marriage is not irretrievably broken and reject the divorce.

If the divorce process is being drawn out, the court may determine appropriate orders for issues such as alimony, child support, etc. Another important thing to know about having a divorce with children involved is that both parties will be required to attend a parenting course. This will help the parents create a parenting plan, learn how to put the child’s interests first, and ensure the child is raised in a healthy environment.

There is much more to divorce proceedings than this, and it is wise to read through the official Florida statute on this subject (provided above). It isn’t necessary to hire a divorce attorney for a simple dissolution of marriage. But you will most certainly want to consult with one if the divorce is not mutual, there are children involved, or there are disputes about assets, obligations, and custody.

Consider contacting the law office of Mark McMann, P.A. for an experienced divorce attorney in Lakeland Florida. You can reach the office by calling (863)-393-9010 or visiting our website: www.mcmannlaw.com.

Monday, March 13, 2017

Distracted driving: Staying focused when on the road




It’s 7 a.m., and you jump in your car to drive to work. You have every intention of driving safely, but within minutes of merging onto the highway you’ve already checked your makeup twice, fiddled with your radio, made two calls on your cellphone and sent a text message to your spouse.
You might not have realized it, but you’re a distracted driver.
Every time you take your focus off the road, even if just for a second, you’re putting your life and the lives of others in danger.  Distracted driving-related crashes are rising and already have caused at least 5,500 deaths and nearly 450,000 injuries in 2009, according to the U.S. Department of Transportation. However, since many local law enforcement agencies don’t routinely document distraction factors in crash reports, federal safety officials believe the numbers are actually much higher.

What are the types of distraction?

There are three main types of distraction:
·         Visual: taking your eyes off the road;
·         Manual: taking your hands off the wheel; and
·         Cognitive: taking your mind off of driving.

Distracted driving activities
Distracted driving activities include things like using a cell phone, texting, and eating. Using in-vehicle technologies (such as navigation systems) can also be sources of distraction. While any of these distractions can endanger the driver and others, texting while driving is especially dangerous because it combines all three types of distraction.
“Driving a car is a very complex task, it requires your complete attention. All it takes is a glance away for more than two seconds and you can get into serious trouble.” says Barbara Harsha, executive director of the Governors Highway Safety Association, which estimates that distractions are associated with 15 to 25 percent of all crashes.
Distracted driving is any activity that takes your attention away from the road. When you drive every day, distractions are more common than you think. From talking with passengers, to eating, to turning around to check on fidgety toddlers, distracted driving endangers you, your passengers, pedestrians and others. Driving is a great privilege, but with that privilege also comes great responsibility.

Finding a distracted driving attorney in Lakeland Florida can be challenging, but when you find one you will be glad you did. They can provide you with detailed steps to take in order to protect your legal rights. This can be anything from medical facility recommendations all the way to auto-repair shops. Mark McMann, P.A. in Lakeland FL is an Experienced Distracted Driving Attorney that can help you on each step of the way.

Monday, February 27, 2017

Digital Estate Planning For Social Media Accounts When You Die

Digital Estate Planning Lawyer in Lakeland FL

Many people wonder about what happens to your social media accounts when you die, but they never ask a lawyer. For those of you that have done this, you are in luck. Today we are going to answer all your questions about the legal process behind this and how you can make arrangements for this.

Property Rights & Asset Rights For Digital Estate



Unlike physical estate, digital estate laws are not up-to-date. When you consider how quickly social media took over, it is no doubt that lawmakers have not had time to create laws governing this property. One important thing to keep in mind is that when you sign up for an account with almost any web-service, you are agreeing to their terms of use. When you buy a song off of iTunes, it is yours, and yours solely. When you pass away, that digital right does not get passed down, it is terminated. This means the license to download it is only allowed to your account. Most social media websites follow similar rules. The content that is generated on the website by an account is property of the website owner, not the account holder in most cases.

Digital Rights Planning 



With all of this in mind, it is important to keep track of all your digital accounts. When you pass away it is important that someone has access in order to take care of things. Think about someone that runs a digital business. Unless there is a special plan in place in the will, your family will have to hire an attorney to pull any money from an online payment platform such as Paypal or Google. Ideally you will find an estate planning attorney that will help guide you through all the steps. The benefit to this is that in the case of your untimely death, the attorney will be aware of the situation. They will be able to quickly help your family without having to waste valuable time finding an attorney.

Final Words



Digital media rights are commonly overlooked in will/estate planning, and it can cause huge issues for the family of the deceased. Being aware of the common problems and how to overcome them will make the situation much easier. Find an estate and will planning attorney to go over this with you. And contact an experienced digital estate-planning attorney in Lakeland FL, Mark McMann, P.A. will gladly help you with any questions you may have.

Friday, February 17, 2017

What You Need To Know About Florida's Medical Marijuana Policy

Last November, 71% of Florida voters decided to allow medical marijuana in our state. Since the amendment was accepted, much has happened that is important. Section 381.986 is very long and can be difficult to understand, so you can save time by reading a general summary of it. If you are interested in reading the actual statute, feel free to view the Florida Legislative Website here:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0381/Sections/0381.986.html

Attorney in Lakeland FL | www.McMannLaw.com

Only Allows 'Low THC' Cannabis 

The statute only mentions allowing low-thc cannabis which includes any form of marijuana that contains less than 0.8% THC weight by weight. While this may be changing, this is what the law states as of now.

Tight Eligibility Requirements

One common misconception of this law is that there are many diseases/illnesses that make someone eligible for medical marijuana. This is not the case. The current requirements to be place on the 'compassionate use' list are terminal illnesses, and conditions that cause seizures or muscle spasms.

Growing Requirements Are Extremely Tight

To be a grower of low THC marijuana, an individual must meet many requirements. They must have the financial ability to operate for no less than two years. The area of business must meet VERY STRICT guidelines for security, including 24 hour surveillance and requiring all employees to carry photo ID at ALL times. This list goes on, so be sure to read more if you are interested.

Marijuana Is Not Decriminalized

Perhaps the most common misconception that people believe is that marijuana is now decriminalized. This is not the case though, the amendment had no effect on the criminal status of this offense. However many cities are adopting new policies on this offense, so consult your city's policy on this instead of the amendment.


Final Words


All-in-all, the amendment has paved the way for future additions to the Florida law. It is best that you know the facts about the current laws so that you are well-informed. These laws will likely evolve in the near future, so be sure to continue following my blog to stay informed about updates. And be sure to contact Mark McMann, P.A. for any legal guidance in Lakeland FL.

Thursday, February 9, 2017

Reasons You Need An Experienced Personal Injury Attorney



We know how to gather and handle valuable evidence

How evidence is gathered is just as important as the evidence itself. A personal injury attorney will know the proper methods to gather supporting evidence, and how to handle it. If you do this on your own you risk tainting the evidence and ruining your case. Don't take these kind of risks because they can prove to be expensive.

We understand the legal process 

There is a special legal process for personal injury claims, and personal injury attorneys know this process better than anyone. From denying claims to proposing higher ones, its helpful to hire an attorney. They aren't tricked into making decisions that will affect your case. Whats even more helpful is hiring an experienced P.I. attorney. They can see right through scare-tactics the opposition will use.

We can get you the maximum compensation

Many people are hesitant to go after maximum compensation, or they don't realize what maximum compensation is. Its important to know that once you reach a settlement, there is no going back. So if you accept a low amount, you will not be able to get any compensation if something goes wrong in the future. This is particularly important for injuries because there is no telling what the effect will be on your body in the future.

Wednesday, February 1, 2017

Overview of Motorcycle Accidents


The law is clear on determining fault in most automobile accidents, however it can be difficult to assign fault in a motorcycle accident. It is a fact that approximately 2/3rds of all motorcycle accidents are the other driver's fault. With this in mind, it is important to seek legal representation immediately after a motorcycle accident.

Considering the fact that motorcycle drivers are much more susceptible to serious damage (bodily, vehicle, mental), there is a great chance that the motorcycle driver's loss is greater in an accident. When this is the other driver's fault you are entitled to compensation. After all, we must share the roadways. This means taking precautions and paying for the damages we cause others.

Finding a great motorcycle accident attorney can be challenging, but when you find one you will be glad you did. They can provide you with detailed steps to take in order to protect your legal rights. This can be anything from medical facility recommendations all the way to auto-repair shops. Mark McMann, P.A. in Lakeland FL is an experienced motorcycle accident lawyer that can help you on each step of the way.

Remember that it is every driver's duty to take precautions when driving. When a driver makes a careless mistake, they are responsible for the damages they cause. Protect your legal rights as a driver and an American and contact a motorcycle accident attorney if you have been in a wreck.

Friday, January 27, 2017

How to Have a Civil Divorce When a Child is Involved



No matter what circumstances surround a divorce, it is important that you remain civil with your ex-spouse when a child is involved. Children need both parents and it is selfish to rob them of this. Make it your goal to follow these steps for your child’s sake.

Stay away from predatory divorce attorneys
There are countless divorce attorneys out there that will try to sway your opinion on the divorce. Their goal is to convince you to go after money and property so that they can take a large cut. They will not be looking out for your best interests, so do your best to avoid them. Simply focus on finding an attorney that has a track record of civil agreements during divorce and child custody.

Remember that your child needs both parents
It’s much easier to remain civil when you focus on your child’s needs as opposed to your feelings. Children will benefit from having both parents in their life. So if you truly want the best for your child then you should focus on remaining civil with your ex-spouse.

Try to understand your ex-spouses’ point of view
This can be difficult for many, but you should really follow this step. There are always two sides to a story and most people are not intentionally cruel to people they love. Your ex-spouse likely feels the same that you do about the situation, so keep this in mind when you are going through a divorce.

Don’t talk badly about your ex
If you talk poorly about your ex-spouse, it sends many signals to your child that are confusing. First it makes them ashamed to love their parent. It also diminishes their respect for the parent which can cause many problems down the road. Follow the golden rule in this situation…would you want your ex-spouse talking poorly about you in front of the children?

Respect each others home rules
You and your ex-spouse likely have different home-rules that you expect the child to obey. It is important for a child to learn that they are expected to follow different rules in different settings. As long as your child isn’t doing anything that you consider seriously inappropriate, you should respect the ex-spouses rules. 

Stay friendly
Always make it a priority to remain friendly with your ex-spouse. If you can do this, then it will make things much easier. All-in-all it comes down this rule. The child will benefit from this as well, so make an effort to remain friendly. 


Tuesday, January 17, 2017

The Importance of a Establishing a Will





Experienced Lakeland FL Will & Trust Lawyer
First and foremost, a will outlines the way you would like your property to be distributed after you have passed away. With a will in place you can name the executor of the will, which means you pick who is in charge of executing your wishes. This is extremely important because you only want someone prepared for the job. If you have a large amount of property and investments to be dealt with, you will definitely want to have a will in place.

It is not essential to name an attorney as executor of the will, but it is important that you choose someone in good health. Also pay attention to laws across states if your executor lives elsewhere. By speaking with an attorney about setting up your will, you can have peace of mind that your will is secure. The person you choose can always speak with an attorney to get assistance with any issues they may have.

The ideal choice is to go ahead and create a will now, even if you are young and in good health. You can always update your will but there is nothing you can do if it’s too late. Without a will, the state steps in and makes decisions on your behalf. This isn’t necessarily bad, but it is not helpful if you had specific wishes and trusts you wanted in place.

All in all, you can never make a will too soon. With some proper planning you can have peace of mind and know that if anything ever happens to you, that your wishes will be carried out. For help with creating a will, choosing an executor, or anything else it is best to contact an attorney or specialist in this field. If you are looking for a Lakeland FL experienced will & trust attorney, look no further than Mark McMann P.A. You can contact him with any questions by calling (863) 393-9010.

Wednesday, January 11, 2017

Various Factors That Influence Who Gets Child Custody in Florida

If you are in the process of a divorce or considering initiating one, it’s important that you understand how child custody is determined in the state of Florida. This will help you make a logical decision based on the facts.

child custody lawyer in polk county fl
Child Custody Disagreements
The primary deciding factor is quite simple. The judge and court prefer to place the child under the custody of a parent that is willing to put the child’s needs above their own. What they are looking at is past behavior, and your knowledge of your child’s day-to-day life. Do you know the name of your child’s best friend? How about what time of the day your child usually eats? The judge and court want to place the child in the care of the parent that knows this information. Even if you are the bread-winner in your family, if you spend all of your time at work and the other spouse is the care-taker, they will have stronger grounds for custody.

They will also look at family relationships to determine whether or not the parent has a strong and loving relationship with the child. The court also looks at the relationship between you and your spouse. Are one of you more willing to accommodate to the other’s schedule changes? This parent shows that they want the child to have a relationship with the other parent, and this is what the court wants to see.

What is interesting about Florida courts is that they can divide up custody quite freely. By this I mean that one parent may be placed in charge of certain aspects of the child’s life, such as health care. The other parent may be given power over other aspects of the child’s life, such as education. This all comes down to determining what is in the best interest of the child. If you are in need of a ChildCustody Lawyer in Polk County FL, call McMann Law today for your free consultation at (863) 393-9010.


Wednesday, January 4, 2017

Various Types оf Child Custody Cases




Divorce is stressful enough as it is, but when there is a child involved it gets even more difficult. It is important that parents who decide to get a divorce remember that they still need to do what is best for their children. During уоur initial visit wіth уоur divorce lawyer thе subject оf child custody wіll bе brought uр and which type of custody it is that you would like to have.



Joint Custody

Thіѕ іѕ whеn thе parents share equal rights аnd іѕ аlѕо knоwn аѕ shared parenting. Thе parents wіll bе ordered tо prepare а schedule wіth mutual consent оr thе court wіll іf thе parents саnnоt dо it. Whеn choosing thіѕ type оf child custody thеrе іѕ ѕоmе thіngѕ thаt аrе tаkеn іntо consideration ѕuсh as:

• Thе parents ability tо cooperate оn issues thаt аrе related tо thеіr children
• Thе parents active involvement іn thеіr children's life аnd саn give thе proper child care

Mоѕt оf thе courts favor thеѕе types оf child custody cases bесаuѕе thеу bеlіеvе іt іѕ mоrе beneficial fоr thе children tо hаvе а good relationship wіth bоth оf thеіr parents. It helps tо reduce thе trauma tо thе child whеn thеу аrе separated frоm оnе parent.

Sole custody

Thіѕ іѕ whеn thе child custody case gіvеѕ full custody rights tо оnе parent but іn today's world thіѕ type оf child custody іѕ rarely granted but thеrе аrе circumstances whеn іt іѕ granted. Thе non-custodial parent саn bе gіvеn visitation rights аlthоugh thеу mау bе supervised.

• Onе parent іѕ knоwn tо hаvе іn indulged іn child neglect, unable tо provide proper care fоr thе child оr indulged іn abuse
• Thе parent hаѕ bееn thе primary caregiver fоr а long period оf time
• Substantial proof іѕ gіvеn tо prove thаt а parent іѕ unfit
• Lack оf parental involvement іn thе children's life оr nо strong parent-child bone
• Onе parent іѕ prone tо alcohol оr drug abuse
• It іѕ nоt іn thе child's bеѕt interest tо grant оnе parent sole custody

Temporary Custody

Whіlе thе divorce proceedings аrе gоіng оn thе family court саn give а ruling оn thе child custody cases іf thе parents саnnоt соmе tо аn agreement out-of-court. Althоugh thе ruling states thаt іt іѕ temporary custody, аftеr thе divorced іѕ finalized іt іѕ uѕuаllу upheld аѕ permanent. Thіѕ соuld bе bесаuѕе changing thе child custody ruling соuld adversely affect thе children аnd disturb thеіr routine.

Thеѕе аrе јuѕt thrее оf thе dіffеrеnt child custody cases thаt саn occur whеn parents initiate divorce.

When dealing with divorce legal issues or disputes, it is important to seek the legal advice and representation of an experienced divorce attorney or lawyer as soon as possible, as the longer you wait to obtain legal representation may directly affect your ability to achieve a successful outcome.

We provide professional divorce attorney & lawyer legal services in Lakeland, Winter Haven, Bartow, and surrounding areas. We urge you to be proactive in protecting your legal rights.

The firm takes great pride in its commitment to client service. Here, the bottom line is less important than obtaining the best results for the client. Call the firm and speak with Mark McMann at (863)-393-9010 to discuss your options…and get the facts regarding child custody today.