Law Offices of Thomas E. Rockett III The Law Offices of Thomas E. Rockett III 2026-06-26T08:52:15Z https://www.rockettlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1402393/2020/11/cropped-siteicon1-32x32.png On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[What constitutes financial abuse of the elderly in California?]]> https://www.rockettlaw.com/?p=47129 2021-10-06T11:48:30Z 2021-09-23T22:47:01Z Millions of older Americans are subject to abuse every year. Such abuse may be physical or financial, and it preys on the vulnerability occasioned by old age. According to the National Council of Aging (NCOA), financial abuse results in losses amounting to billions of dollars among senior citizens, which is why it is important to look out for your loved ones and protect them from such abuses. The abuser may wipe out the lifetime savings of an elderly citizen without their knowledge, and the rightful beneficiaries may end up missing out on what could have otherwise gone to them.

What the law in California says about elder abuse

The law in California protects the elderly from any form of abuse. Under the state’s Welfare and Institutions Code, anyone above 65 years of age is considered elderly and legally protected from such financial exploitation. Financial abuse entails improper or illegal use of an elderly’s money or property for personal benefit. It includes carrying out or assisting in the theft, misappropriation, or concealment of the elderly person’s property. Fraud against this vulnerable group also counts as a form of financial abuse. Further, the law says that the perpetrator must have known or should have been aware that their actions would likely be harmful to the elderly person in question.

Take action as soon as possible

If your loved one has been a victim of financial abuse, it is advisable to swing into action before the paper trail runs cold. Arresting the perpetrator is half the work. The rest lies in recovering the stolen money or assets and getting your loved one the justice they deserve. Protect their legal rights by making the right decision on the steps of action to take when such financial abuse comes to light.]]> On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[How do you drive safely around lane splitting motorcyclists?]]> https://www.rockettlaw.com/?p=47125 2021-09-16T00:28:44Z 2021-09-16T00:28:44Z Most California motorcyclists appreciate the fact that they can legally engage in “lane splitting.” That means they can ride on or near the white line separating traffic moving in the same directions on streets and freeways. So far, despite attempts to legalize this practice in other states, California is alone in allowing it.  Lane splitting helps motorcyclists avoid the gridlock that so many of us sit in every day during rush hour or whenever there’s an accident or road work. Some motorcycle advocates argue that it also helps minimize traffic jams. However, it can be disconcerting (and more than a little frustrating) for drivers to see a motorcyclist appear seemingly out of nowhere behind or next to them. Even though lane-splitting motorcyclists may be driving perfectly legally, drivers who aren’t adequately aware of their surroundings can make a move that could cause serious or fatal injuries. Following a few basic safety precautions can help you be aware of any motorcyclist that’s near you on the road.

Signal early before changing lanes or turning

This can keep everyone on the road safe. We’ve all had close calls (and sometimes collisions) with someone who changed lanes without signaling. However, it’s particularly helpful to motorcyclists to know what drivers ahead of them are planning to do. 

Always look around before you change lanes

We’ve all been taught not to just look in our mirrors but over our shoulders before we change lanes. Unfortunately, too many people neglect the latter –- especially if they have a blind-spot alert in their vehicle. However, it’s key to ensure that the area where you want to go is clear before you move.

Maintain your speed and your lane

Some drivers try to get out of the way of a lane-splitting motorcyclist to better avoid hitting them. They may quickly change lanes or speed up. Some slow down to let the biker move past them. Safety professionals say that it’s best to continue driving as you were. Driver predictability is important for motorcyclists. It’s easier for them to adjust their position as they move through traffic. Whether you’re a driver who’s been injured by another motorist trying to avoid a lane-splitting biker or you’re a motorcyclist who’s been struck and injured, it’s crucial to get the compensation you need for short-term and long-term expenses.  ]]> On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[3 ways pedestrians can protect themselves from traffic ]]> https://www.rockettlaw.com/?p=47122 2025-05-30T08:11:23Z 2021-09-03T15:55:18Z At some point throughout each day, most of us will make a journey on foot. This makes us pedestrians. Vehicular accidents that involve pedestrians can have catastrophic effects.  As a result, it is important to know some approaches you can employ to protect yourself as a pedestrian. Outlined below are 3 of the most common methods, as recommended by the U.S. Department of Transportation’s Pedestrian and Bicycle Information Centre. 

Make sure you are visible

Drivers will often use the reasoning that they never saw a pedestrian. Consequently, it is vital to take measures that ensure you can be seen. Wearing bright colors and reflective material makes it much easier for drivers to spot you. Wearing bright colors certainly warrants further consideration, particularly at nighttime or when you may be crossing busier roadways. 

Always stay alert

It is very easy to become complacent as a pedestrian, particularly when roads are quiet, or a designated crossing has allocated you the right of way. However, it is imperative that you remain alert at all times. Furthermore, pedestrians should always look both ways when crossing while keeping an eye out for moving vehicles. 

Follow the law as a pedestrian

It is important to note that pedestrians have legal obligations as well as drivers. Pedestrian laws and traffic laws are designed to work in tandem and ensure that everyone remains safe. Pedestrians should take special care to use designated walkways when they are available. Additionally, when forced to walk on the roadway, pedestrians should make sure that they are facing oncoming traffic.  Familiarizing yourself with the law and useful safety procedures ensures that you stay protected. If you have been injured as a result of a vehicle collision, it is important to know your legal rights after an injury caused by another party's mistake.]]> On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[Do you know the signs of elder abuse?]]> https://www.rockettlaw.com/?p=47119 2021-08-25T20:08:32Z 2021-08-25T20:08:32Z
  • Financial exploitation
  • Caregiver abuse (verbal or physical)
  • Others stealing from them
    • It’s also necessary to point out that these seniors often make false allegations because they may be paranoid or confused. That doesn’t mean that their accusations aren’t ever correct, but the reality of making false accusations is that many people do not take them seriously when those allegations are truthful.

    Dementia’s impact on the body

    Dementia has a negative impact on a person’s memory, judgment and communication skills. They may be unable to report a problem or become confused about how they got hurt or where an important asset has gone.

    How can you recognize elder abuse?

    There are several kinds of abuse, so the red flags for each will vary. For physical abuse, you’ll want to look for signs of drug overdoses, tears in clothing, being restrained, unexplained injuries and unusual situations where you’re not allowed to see the elder without the caregiver present. Emotional abuse may come with signs such as changes in behavior, agitation with a “rocking” motion and threatening or belittling behaviors that you may observe yourself. Financial abuse may be harder to identify, but you may notice that money is going missing or that your loved one’s financial situation has suddenly changed. Both of these signs are major red flags that something isn’t right. If you believe that your loved one is a victim of abuse, it’s necessary for you to step in. Talk to a nursing home director or an in-home caregiver to find out why your loved one isn’t acting as they usually do. Look for evidence of abuse or signs of wrongdoing. If necessary, call 911 or the police, so that you can begin a paper trail to help you protect your loved one.]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[Workplace sexual harassment can happen to anyone]]> https://www.rockettlaw.com/?p=47116 2021-08-24T23:43:39Z 2021-08-24T23:43:39Z gender-based harassment, such as saying things to or in front of an employee that are demeaning of people of their gender in general. Either way, the assumption has traditionally been that women are being harassed by men.

    The historical context of workplace sexual harassment

    It is important to note that sexual harassment of women occurs more than harassment of men. Historically, men have held more leadership positions in the workplace than women have, so they’ve traditionally been in a position to use their power to victimize others. However, the Equal Employment Opportunity Commission (EEOC) is very clear that harassers and their victims can be male or female. For instance, a female supervisor could make demeaning comments about a male employee who works for her. A male manager could sexually harass a male employee. It is still illegal, and all employees deserve fair, ethical treatment. If you have been harassed on the job, regardless of your gender or the gender of the person harassing you, it’s important to know all of the legal options you have. You do not have to put up with this type of difficult workplace environment.]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[The risks for passengers in a car accident]]> https://www.rockettlaw.com/?p=47113 2021-08-11T17:17:44Z 2021-08-11T17:17:44Z especially for teens. While this is true, that type of analysis applies more to the statistical likelihood of a crash than it does to the fault in said crash. For instance, if a driver turns around to talk to a passenger and therefore causes an accident while distracted, that crash is still the fault of the driver and not the passenger.

    Serious injuries can happen anywhere

    No matter where you’re seated in a car, you could suffer serious injuries. These could include things like:
    • Broken bones
    • Burn injuries
    • Traumatic brain injuries
    • Soft tissue injuries
    • Spinal cord injuries
    • Skull fractures
    You could also suffer from mental and emotional injuries, such as PTSD. A traumatic accident could make it nearly impossible for you to ride in a car for months or even years. In some ways, being a passenger may be more dangerous than being a driver. Many types of safety technology focus on drivers -- as most miles driven are covered by just a single driver in their own car -- and may not help passengers. For instance, a lot of vehicles have airbags in the front seat and the passenger seat, but not in the back. In fact, some have gone so far as to point out that the odds of death in an accident, which were tradaditonally lower in the back, are no longer lower than the front seat, thanks to the changes in modern auto technology. This is great for drivers, but it leaves passengers more vulnerable than many people realize.

    What if you get injured?

    If you have been injured in a serious car accident, even if you were just riding in a car that was involved in a crash, you need to know how you can seek financial compensation.]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[3 things to gather when you have a motorcycle accident claim]]> https://www.rockettlaw.com/?p=47111 2021-08-10T15:36:44Z 2021-08-10T15:36:44Z A motorcycle accident can be devastating. If you have sustained an injury in a motorcycle accident as a result of another person’s fault, you may be eligible for compensation for your injuries and losses. What sort of things can help you make an effective claim against the other party’s insurance? The more evidence that supports your claim that you can gather, the better. 

    Crucial evidence that can help your case

    Start collecting evidence at the scene of your motorcycle accident (if this is possible). You will need evidence to prove the cause of the accident, the injuries you sustained, and the amount of compensation you deserve to receive. Three good things to have include:

    1. A police report

    The law enforcement officer who visited the scene of the wreck will conduct an investigation and compile a police report. While the police report is not admissible in court in the state of California, it can contain useful information to help you prove your case. 

    2. Pictures of the accident scene and witness statements

    Use your cellphone to take photos of the damage to your motorcycle, the crash scene, skid marks, your injuries, weather conditions, and anything else that may help strengthen your case. You may request a bystander to take photos if you are too hurt to do so. Additionally, take statements from the eyewitnesses around.

    3. Proof of your damages

    You will need to prove the amount of compensation you ought to receive. Some of the evidence you will need to justify your claims include the medical bills, proof of lost income as a result of the accident, and repair costs for your motorbike.  A motorcycle accident can be an extremely frightening experience. Knowing how to put together the right evidence can help you strengthen your case and get the compensation you deserve for your injury and property damage. ]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[Why are poorly maintained cars more likely to crash?]]> https://www.rockettlaw.com/?p=47109 2021-07-27T22:38:10Z 2021-07-27T22:38:10Z Car maintenance schedules help keep cars operating safely Here are some of the vehicle parts that could fail and lead to a crash if not maintained:
    • Brakes: The faster you can stop in an emergency, the lower the risk of a crash. Even if braking does not stop you in time, the more you slow down, the less the crash impact, so the less the chance of serious injury.
    • Wheels: Having a wheel fall off while driving along because the bolts were not tight could be fatal. Tires have markers to show when you need to change them to help you steer and brake safely.
    • Fluids: Oils and liquids used in cars become less efficient with time as they degrade. Replacing them on schedule and keeping them topped up is essential to ensure the various parts of the machine function effectively. It can affect your ability to steer and brake, among other things.
    • Lights: A bulb is cheap to replace, yet many people go around with blown bulbs. Doing so makes it harder for others to see you and harder for you to see hazards.
    Drivers have a responsibility to ensure the car they are driving is adequately maintained. If another driver crashes into you, poor maintenance might be to blame. Discovering all the factors that contributed to a vehicle crash will help you to claim maximum compensation.]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[7 steps to take if sexually harassed by an employer ]]> https://www.rockettlaw.com/?p=47107 2021-07-14T16:51:19Z 2021-07-14T16:51:19Z Sexual harassment in the workplace is a topic that has been a hot-button issue for years. In recent months, it seems like sexual harassment is back in the news cycle with new allegations against high-profile people coming out every day.  More and more people are feeling empowered to come forward with their stories of being sexually harassed at work. While many people may think sexual harassment is a topic that only affects women, it can affect anyone. 

    What can I do if I am being sexually harassed by my employer?

    To protect yourself and your career, consider these seven ways to deal with sexual harassment at work if targeted by your boss:
    1. Communicate: If the harassment is verbal, you can confront your harasser and tell them to stop. Tell them you find their behavior inappropriate and request that they stop immediately.
    2. Educate: Educate yourself on what constitutes sexual harassment in the workplace.
    3. Document: Document everything, including dates, times, what happened, who was present when it happened and how you felt about it.
    4. Report: Report any incidents to HR and/or a supervisor or higher up within the organization.
    5. Control your reaction: Be careful not to retaliate against the perpetrator - this could compromise your case if you decide to take legal action.
    6. Seek help: Contact outside agencies like Occupational Safety and Health Administration (OSHA) or Equal Employment Opportunity Commission (EEOC), if necessary.
    7. Advocacy: Seek legal counsel to discuss your rights and the merits of your case.
    According to CNN News and the EEOC, 70% of employees that experienced harassment never filed a complaint with their employer. If the harassment continues after reporting it to your employer, then it might be time to explore other legal options.    It's difficult to know how you should react when faced with sexual harassment in the workplace. The best course of action is usually to seek legal counsel that has experience handling these types of cases if it happens to you.  ]]>         On Behalf of Law Offices of Thomas E. Rockett III <![CDATA[Your hair shouldn’t lead to workplace discrimination]]> https://www.rockettlaw.com/?p=47097 2021-06-30T16:40:00Z 2021-06-30T16:40:00Z What’s included in the CROWN Act? The CROWN Act covers many aspects of hair. This includes the style, but it also includes the texture and other features. In short, judging a worker because they have ethnic hair qualities isn’t ever appropriate or acceptable in the workplace. Employers can’t include points in the work dress code that forbid certain hairstyles. These include:
    • Natural hair
    • Locs
    • Braids
    • Twists
    • Afros
    In the CROWN Act, it’s noted that hair doesn’t have anything to do with professionalism. It goes on to note that society deems individuals with European features as more professional, but that this isn’t the way it should be. Black employees shouldn’t be considered inferior workers simply based on their hairstyles or the characteristics of their hair. Any worker who feels as though they’ve been subjected to discrimination based on their hairstyle or hair features should learn their legal options. Taking swift action may resolve the situation. It’s also possible that the worker could receive compensation if the discrimination came with damages. Working with someone familiar with the CROWN Act may be beneficial for workers who have faced this discrimination.]]>