Stubbins Watson Bryan & Witucky Co. - July 2023

OUR ROADS ARE BECOMING MORE DANGEROUS!

Protect Your Family From Road Rage Shootings

Imagine this: You’re zooming down the interstate with your family, about halfway to your road trip destination. The windows are down, and you’re singing along to one of your favorite songs on the radio. It’s the perfect summer afternoon. Then, another car appears behind you and starts riding your bumper. The vehicle won’t stop tailgating, so you tap your brakes, hoping to startle them into leaving you be. It doesn’t work. Instead, the car revs its engine, and a hand emerges from the driver’s side window. BAM! Your back windshield shatters, and your family starts screaming. This situation might sound dramatic, but it’s happening more than ever on American roadways. In 2019, 225 people were shot in road rage incidents across the country, resulting in 67 deaths. In 2022, both of those numbers had doubled, with over 550 people being shot and 141 killed.

And the violence continues — in April 2023, two fathers in Florida opened fire on each other’s cars, leaving a 5-year-old and 14-year-old wounded. The Gas Fueling the Road Rage Fire Why are road rage shootings rising? Experts blame lingering anxiety from the COVID-19 pandemic, stress over the economy, political division, increased gun

sales, and the fact that many Americans keep guns in their cars. Legal Recourse for Road Rage Victims If you or someone you know falls victim to a road rage incident, you can seek justice in court. After you get medical attention, call a personal injury attorney. They’ll tell you whether you have a case, what type of case it is (civil, criminal, or both), and what steps to take to win and get compensation for your injuries. Protect Yourself From Angry Drivers First and foremost, don’t be an angry driver yourself! Avoid driving when you’re upset, keep your car comfortable to prevent yourself from feeling irritable, and pick a strategy to calm yourself down (like a mantra or breathing exercise). If an angry driver targets you , stay calm, move away from them, and don’t respond to their behavior. The second you feel scared or unsafe, call 911.

A TEXT OR EMAIL CAN BE A CONTRACT! What Makes a Document Legally Binding?

In the legal world, many firms rely on technology to communicate with clients. Processes and daily tasks have become seamless with the help of laptops and phones. But as tech continues to evolve, we must change how we view specific processes and legal steps.

For example, in the 2013 case of Forcelli v. Gelco . Gelco Corporation’s insurance company offered Forcelli money to settle a case — this correspondence happened through email. Forcelli agreed to the settlement but tried to back out once the matter was resolved. The New York Appellate Division determined that emails were legally binding. In the 2017 case of St. John’s Holdings, LLC v. Two Electronics, LLC, St. John’s Holdings (seller) sent multiple text messages to Two Electronics, LLC (buyer) asking them to sign a letter to finalize their deal. After a few attempts, the buyer responded to the text and agreed to the terms and conditions. However, the seller later informed the buyer that they had accepted an offer from another party. When this issue went to court, the judge determined that since both parties agreed on the terms and conditions via text, it was a binding contract. So, what is needed to make a contract legally binding? You need four elements: 1) an offer, 2) an acceptance of the offer, 3) consideration, and 4) both parties agreeing to create a binding relationship. Because technology constantly evolves, we must understand how it can affect us from a legal standpoint. If you have any questions or concerns, allow us to assist you. Give our office a call anytime!

When most people hear about contracts, they think of formal agreements between two parties, usually involving lawyers. However, a contract can be a text, email, or napkin! Here’s what you need to know. What is a contract? A contract is a written or verbal agreement between two or more parties regarding exchanging items or services. Under the ESIGN Act, text messages and emails are considered legally binding. Furthermore, no signature is required for a contract to go into effect — all that is needed is for all parties to agree to the terms outlined in the document. What about court cases regarding contract disputes via text or email? Over the past few years, several legal disputes have happened regarding if a text or email is considered a legitimate contract.

2 • swbwlawfirm.com

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