Avera Law Firm

The Avera Law Firm Blog is designed to update clients, vendors, and other interested persons regarding law firm news, personnel, legal issues, and legislative issues. The firm management welcomes posts and questions to the blog as an interactive means to provide information to the public.

Tuesday, January 27, 2009

New Scam Involving Jury Duty....

Our friends in law enforcement want everyone to be aware of this scam which is relatively new. Please, never give your social security number or date of birth to anyone over the phone. If this happens to you, please write the number of caller ID and call law enforcement immediately to report the incident.

Jury Duty Scam DO NOT DELETE WITHOUT READING !This has been verified by the FBI (their link is also included below). Please pass this on to everyone in your email address book. It is spreading fast so be prepared should you get this call. Most of us take those summonses for jury duty seriously, but enough people skip out on their civic duty, that a new and ominous kind of fraud has surfaced.The caller claims to be a jury coordinator. If you protest that you never received a summons for jury duty, the scammer asks you for your Social Security number and date of birth so he or she can verify the information and cancel the arrest warrant. Give out any of this information and bingo; your identity was just stolen.The fraud has been reported so far in 11 states, including Oklahoma , Illinois , and Colorado . This (swindle) is particularly insidious because they use intimidation over the phone to try to bully people into giving information by pretending they are with the court system. The FBI and the federal court system have issued nationwide alerts on their web sites, warning consumers about the fraud.Check it out here: http://www.fbi.gov/page2/june06/jury_scams060206.htmAnd here: http://www.snopes.com/crime/fraud/juryduty.asp

posted by Mark Avera at 1/27/2009 04:40:00 PM | 1 comments

Sunday, December 07, 2008

As families gather for the holidays, some will face a conspicuous absence - their mothers, fathers, brothers, sisters, sons, daughters, uncles, aunts or cousins can't make it home because they are serving abroad.

Military service requires sacrifice, but service members feel the distance between themselves and their loved ones most keenly on holidays. While families enjoy holiday feasts and gift exchanges, they should remember to support the members of the military whose jobs keep them far from home, in many different parts of the world, including Afghanistan, Korea, Japan, Germany and Iraq.

The USO (United Service Organizations) supports the troops through the year. Although most people do not realize it, the USO is a nonprofit organization that depends on individual and corporate donations. This grassroots funding and the support of 44,000 volunteers are the lifeblood that enables the USO to ease the burden placed on the troops and their families.
"Meeting these brave young men and women, I'm amazed at the great job they do, serving so far from home, family and friends, working tirelessly for months on end," says USO President Sloan D. Gibson. "As I visited with them and learned more about their lives, their children and their families, the sacrifices they make on our behalf, their stories become even more remarkable."

The USO operates centers around the world to help support military members and their families. In 2007, more than 7 million troops and their family members received support from 135 centers around the world. The USO also sends entertainment tours overseas to lift troop spirits.

"We have created expeditionary programs to deliver to our troops serving in the most remote locations," says Gibson. "Programs like our new 'USO in a Box' provide them with the feeling of home away from home."

In addition to care packages, the USO hands out prepaid phone cards. When troops return home, USO volunteers meet them at airports, guaranteeing that they come home a hero. Other programs let deployed service members record videos of themselves reading stories to their children.

To learn how you can brighten the season for military members and their families, visit www.uso.org.

posted by Mark Avera at 12/07/2008 10:04:00 AM | 0 comments

Wednesday, November 19, 2008

Federal Trucking "Hours of Service" Rules announced

Many of you are aware that Avera & Smith is substantially involved in litigation involving truck crashes. Following is an announcement from Public Citizen regarding the Federal Motor Carrier Safety Administration's decision on rules regulating the number of hours a truck driver can drive before a break or be "on-duty".

The Federal Motor Carrier Safety Administration Tuesday announced its final hours of service rule, and they remain unchanged from the "interim" rule the trucking industry has been working under.

Truck drivers are limited to driving for only 11 hours and working for no more than 14 hours each day. The final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve, the agency's Administrator, John Hill, noted.

The agency said it consulted with scientific and medical researchers, reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting the final rules.

The rule will become effective Jan. 19, 2009, the day before the current administration leaves office. Hill said he was confident the final rule would stand up to a court challenge because the agency had appropriately addressed all concerns raised by the courts.

Public Citizen has been fighting the rule in court since it was first announced in 2005.

In July 2007, the court remanded the Hours of Service rules to FMCSA, ruling that the agency must provide better explanations of its justifications for adopting the 11-hour drive time and 34-hour restart provisions of the rule. In December, FMCSA announced that it was keeping the 11-hour and the 34-hour provisions in an Interim Final Rule. In January, a federal appeals court denied Public Citizen's request to invalidate the Interim Final Rule.

He added that the new federal rule requires all truck drivers to spend at least 10 hours resting between shifts before being allowed back on the road. Drivers also cannot operate a truck if they have worked more than 60 hours in a given week. Drivers that rest for at least 34 hours can also reset their weekly work schedule.

"These rules are crafted to match what we know about drivers' circadian rhythms and the real world work environment truckers face every day," said Hill.

Observers say it's quite possible that Public Citizen will take FMCSA back to court. The question will be whether or not FMCSA has the data to justify the rule as written.

Public Citizen President Joan Claybrook issued a statement denouncing the rule, saying, "FMCSA's rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past - rules that the court deemed were inadequate. Under the rule, drivers may continue to log a physically and mentally demanding 77 hours behind the wheel in a seven-day period, take a mere 34 hours off, then hit the road to do it all over. In addition, drivers can be required to work 14 hours a day, which includes loading and unloading cargo. The rule also fails to require electronic on-board recorders that are essential to assure effective enforcement of the rule."

posted by Mark Avera at 11/19/2008 05:27:00 PM | 0 comments

Monday, October 13, 2008

Watch for New Scams and More Old Scams....

Particularly in light of the economic situation and the "lending crisis", we all need to be alert to scams intended to steal your money or to trick you into giving your money to someone who acts as though they have your best interests at heart. Here are some things you can do to avoid being the victim of a scam.

1. Never, ever, ever give your personal information (social security number, credit card numbers, drivers license info etc) to anyone via email. If they are asking for it via email, it is a scam.

2. Emails from banks....are not emails from banks. If they are asking for your PIN or account number, it is a scam. Do you think any bank would put highly sensitive information in cyberspace?

3. If an ATM does not look right, don't use it. Scammers are placing swipe readers (a raised slot) at ATMs to steal your account information. If the directions tell you to swipe your card BEFORE putting it into the machine, do not use it and report it to the bank.

4. Stay at home and work scams. Stuffing envelopes at home, medical billing or insurance claims processing, assembling crafts, email processing, mystery shopping are scams almost all of the time. If they request money from you for the job, treat it as a scam. Legitimate employers pay you money and train you and provide youwith the equipment you need. Not the other way around.

5. Keep all PINs safe. Don't give it to anyone.

6. Watch out for people that tyr to help you at ATMs.

7. Look at the ATM before using it. If it doesn't look right. Don't use it.

8. Try to use ATMs located at banks.

9. Check your credit card usage on-line regularly for unusual charges.

10. It's always better to be safe than sorry. If it doesn't feel right, delay what you are about to do, research it on the web, call the better business bureau, ask for references.

Avera & Smith will be sending out more information on scams in the near future.

posted by Mark Avera at 10/13/2008 09:00:00 AM | 0 comments

Wednesday, July 02, 2008

Dont Mix Kids & Fireworks this July 4th

Every year, hundreds of chidlren across the country are seriously injured in accidents involving fireworks. Fireworks are dangerous and if your kids use them, they are at risk of suffering a life changing injury.

Take my friend, Max. Max was 13 when he attended a July 4th picnic at a friend's house with his parents' knowledge. What they didnt know was that the adults at this gathering would be providing illegal fireworks to the kids for the kids to ignite. These fireworks included "mortars"; illegal fireworks that ignite into the sky. When Max lit one of these, it tipped over. Fearing it would go off and strike people around him, Max attempted to stomp it out. It went off and struck him in the eye. Max has had at least 10 surgeries so far. He has lost his vision in that eye. It is still up in the air whether he will ultimately lose the eye completely and wear a prosthesis. You would be right to read between the lines here and understand that this has changed Max's life forever and caused his parents incredible angst at watching Max suffer.

11 people died in 2007 from accidents involving fireworks. More startling statistics and video clips of illegal fireworks can be found at www.cpsc.gov.

In Florida, fireworks are illegal. A loophole allows for purchase of otherwise illegal fireworks. The loophole involves signing a form that sets forth that the purchaser will be using the fireworks for agricultural purposes. Sparklers and other benign devices are not defined as "fireworks" in Florida. If it explodes or goes into the sky, it is illegal. And it is dangerous.

Please don't allow your child to be a statistic this holdiay. Fireworks should only be viewed from a safe distance and at a professional and authorized display. All of us at Avera & Smith wish you and your family a safe and happy 4th of July.

posted by Mark Avera at 7/02/2008 05:17:00 AM | 0 comments

Saturday, March 01, 2008

A Nightmare Without UM

In our February 23, 2007 article, we explained how UM (uninsured motorists) coverage works. We revist this issue to illustrate how important this coverage is based on a horrible experience an elderly couple recently experienced.

A new client called Avera & Smith early this year regarding a horrible auto crash in which she was involved. Let's call her Mrs. Jones.

Mrs. Jones is elderly. Both she and her husband are retired. They own two vehicles with one of the larger national auto insurers. The have bodily injury coverage on their vehicles in the amount of $100,000 per person and $300,000 per accident. That is the coverage that comes into play when one of the them causes a crash and a claim is brought against them.

Florida law requires that their insurance company sell them uninsured motorists coverage in an amount equal to their bodily injury limits. So, in the Jones' case, they would have $100,000 of uninsured motorists coverage times the number of cars they insure. So, because they have 2 cars, they would have $200,000 in uninsured motorists coverage.

Remember, uninsured motorists coverage comes into play when the person who injures you either doesn't have any bodily injury coverage or not enough.

Early in January, Mrs. Jones suffered very severe injuries when another driver drove through a stop sign at high speed. This driver only had $10,000 of bodily injury coverage. Her injuries required an extended hospital stay and weeks of recovery at home. Her medical bills continue to come accrue. Mrs. Jones and her husband hired A&S to assist her.

Unfortunately, our investigation disclosed that Mr. Jones had signed a form with his insurance company rejecting uninsured motorists coverage. So instead of having $210,000 in coverage available to her (the $10,000 in bodily injury coverage and $200,000 in UM coverage) Mrs. Jones only had $10,000. This was grossly insufficient to cover all the costs, expenses, and trauma of what she has gone through.

In discussing this with Mr. Jones, he really had no recollection of signing the form. He acknowledged that it was his signature. Like many people, he likely signed a bunch of forms and simply relied on his agent.

UM coverage is one of, if not the cheapest type of coverage you have on your policy. Over the years, we have recommended to friends and clients that if an agent recommends that you reject UM or select lower limits, you should find another agent.

Do yourself and your family a favor today. Check your policy. If it says you have rejected UM coverage, have "non-stacking" UM coverage, or have selected lower UM limits, call your agent and demand that they give you all of the UM that your policy permits. No other coverage will protect you when you are injured by a driver who doesn't have insurance or doesn't have enough.

If your agent tries to talk you out of it, find another agent. The premium difference is minimal and the coverage protects you and your family.

If you have questions about uninsured motorists coverage and how it protects you and your family, feel free to go to our website and submit a question.

posted by Mark Avera at 3/01/2008 08:23:00 AM | 0 comments

Thursday, February 07, 2008

Please consider helping yesterday's tornado victims

Yesterday, families across the south were devastated by a series of tornadoes that, at the time of this writing, were reported to have killed 54 people and left untold families homeless.

In times such as this, we cannot think of better charities to donate to than those who respond immediately to the needs of these familes. Organizations such as the American Red Cross respond to such disasters and try to help those who have lost everything. Whether it is $5 or $50, every little bit can help. Please go on-line to donate to the charity of your choice and support those organizations that support America's families. Yesterday it was someone else's family. Tomorrow it may be ours.

posted by Mark Avera at 2/07/2008 10:48:00 AM | 0 comments