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Florida Motorcycle Road Rules | Motorcycle Accident Lawyer Lakeland FL

Florida Motorcycle Road Rules

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.

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Family Law Divorce Counsel | When To Hire A Divorce Attorney

When Should You Hire A Lawyer During A Divorce?

When facing a situation as delicate as a divorce the option of doing it yourself may pop up. It seems more economical but may end up costing you more in the long run. Not only can a divorce be monetarily more expensive when it is all said and done but it can also be nerve racking when going at it alone. Even a civil divorce can take a massive turn for the worst once in court.

Professional Advice

By leaving it to the professionals you are in a much better position to obtain all that you are entitled to. In addition you will avoid making costly mistakes. Even in a short marriage there are usually assets that will be divided as well as child custody to be addressed. A skilled divorce attorney should ensure that you will be receiving what is owed to you. Debts are also calculated and you don’t want to end up paying more then you should.

Decrease Stress

Oh those sleepless nights of pondering what position you will be in after it’s all said and done. You can alleviate much of this stress by handing all your documents to a divorce attorney. Avoid picking an attorney that does not specialize in divorce. The experts will draft your Petition, supporting documents, financial affidavit, along with all the pertinent documents that are required. They will set the hearings including Mediation to try to settle the case to the benefit you as much as possible. If your case goes to trial a seasoned attorney will have to fight tooth and nail for you.

Binding Agreement

By hiring a divorce attorney you can ensure that you will end up with an order in a timely fashion. The divorce decree will explain in clear language where you stand as a divorcée and will not be riddled with mistakes, which will not be accepted by the courts or enforceable.

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Family Law | Divorce Guidance Lakeland Florida McMann P.A.

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)


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.

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Personal Injury | Distracted Driving Accident Lawyer McMann, P.A.

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.

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Wills, Estates, and Trusts | Social Media Accounts

Digital Estate Planning For Social Media Accounts When You Die

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. We will also explain 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’s no surprise 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 For Social Media Accounts

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. We will gladly help you with any questions you may have.

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Medical Marijuana Law Florida | Mark McMann, P.A.

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. There have been several important updates to the policy over the past year. Section 381.986 is very long and can be difficult to understand. You can save time by reading our general summary of it. If you are interested in reading the actual statute, feel free to view the Florida Legislative Website here: 381.986 Medical use of marijuana.

 


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. This includes 24 hour surveillance and requiring all employees to carry photo ID at ALL times.


Marijuana Is Not Decriminalized

A common misconception is possessing marijuana is no-longer a criminal offense. 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’s important that you stay well-informed on current laws. 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.

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Experienced Personal Injury Attorney Lakeland Florida | McMann P.A.

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.

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Personal Injury | Motorcycle Accident Lawyer Mark McMann, P.A.

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.

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