Public Transportation
Video Transcript:
Cindy Speaker: If you use public transportation whether it be buses, trains, or airplanes, you should understand your legal rights regarding accidents and injuries. My guest today is Texas Personal Injury Attorney, Gregg Anderson of the Law Offices of Terry Bryant and he’s going to talk to with us about this topic. So Gregg Thanks for being here.
Gregg Anderson: Thank you, Cindy.
Cindy Speaker: Well Gregg, in talking with Terry Bryant over the last few years it seems to me that your firm has handled quite a few of these public transportation accidents, especially buses. Tell us about some of those from a legal perspective.
Gregg Anderson: We have handled quite a few bus cases. In Texas, buses are held to particularly stringent standard called the Common Carrier Standard. If for instance you’re involved in a car wreck as a driver, private driver, you’re held to the standard of ordinary care just being as careful as an ordinary person would be.
Bus companies have a different standard. It’s a higher degree of care where they’re called common carriers who carry passengers for hire. And they’re required to go beyond what an ordinary person just driving a private vehicle would do. They are required to anticipate and foresee every possible danger or hazard and protect their passengers from.
Cindy Speaker: Okay, now Gregg, in your experience, do you find that most of these accidents involve some sort of safety violations such as texting and driving? Or are they more likely to be mechanical failures?
Gregg Anderson: A combination of the two. I’m not sure we’ve not had a case exactly involving texting but for instance here in Texas there’s a lot of back and forth across the boarder into Mexico and we’ve handled several cases involving Mexican bus companies that don’t comply with American safety standards, and they run their buses with mechanical problems, they force drivers to drive longer than they should be, and would be allowed to under American law, and we run into quite a bit of that here in the state of Texas.
Cindy Speaker: Gregg, let me ask you about the Hudson River plane crash that occurred back in January of 2009. Pilot Sully and his crew are true heroes and luckily that incident ended without any significant injuries or loss of life. Nevertheless, the people on that plane were traumatized were no fault if their own. What happens in a case like that? Is there any liability on the part of the airlines and similarly in other situations involving public transportation?
Gregg Anderson: Sure, yes there is. That particular case that you sight as you say Captain Sully was a true hero in bringing that plane down with just little harm to the passengers as occurred. On the other hand, there were some folks who suffered some serious injuries and they do have the course of action against the airlines. That was a domestic flight between New York City and Charlotte, North Carolina.
That plane took off from New York and crashed in New York, so New York law would govern in that particular situation and they would have the passengers do have courses of action against the US Airways for any negligence on the part of the company in causing that plane to go down.
Cindy Speaker: Now in the case where maybe a bus driver was negligent and there’s clear liability. Why is it important that a victim consult with an experienced personal injury attorney? And secondly, how important is timing in a manner like this?
Gregg Anderson: Timing is important and here’s why. The bus companies have their safety people, their insurance people out at the scene right away. Their investigation begins immediately and frankly, their job of trying to limit recovery by injured passengers, that begins right away.
So if somebody is hurt and waits months or longer to contact a competent attorney then they’ve allowed the bus company a huge head start in investigating and working on the case. So it is important to hire an attorney as quickly as you can to protect your rights.
Cindy Speaker: Well Gregg, if someone wants more information, how can they reach the Law Offices of Terry Bryant.
Gregg Anderson: They can call us here at 800-444-5000.
Cindy Speaker: Gregg, thank you for being with us today.
Gregg Anderson: Thank you, Cindy.
Cindy Speaker: This is Cindy Speaker for State Law TV.
Carolina Law Book-Michael A. DeMayo
Transcript:
Cindy Speaker: My guess today is North Carolina Personal Injury Atty. Michael A. DeMayo of the Law Offices of Michael A. DeMayo and he has just written a very informative book on Carolina Injury Law. So Michael, thanks for being here today.
Michael DeMayo: Thank you for inviting me.
Cindy Speaker: Well, Michael, I have read your book and this is really an indepth look at Carolina Injury Law. Tell us what prompted you to do this because it’s really a very big undertaking.
Michael DeMayo: Well, it was a significant undertaking Cindy. Myself and a number of attorneys, experienced personal injury attorneys across the country, collaborated on this book. And the idea was to give kind of a simple step-by-step answer, question and answer, example of what you can expect if you’re involve in an automobile accident or personal injury. And in our specific instance in North or South Carolina, we find that many times, people either have the wrong information or they have a lot of insecurities or unanswered questions that cause them sometimes to make the wrong decision and/or no decision, which on occasion can be the wrong decision.
So we decided and I decided that I thought it might be a useful resource if we could put together this book with basic concepts and basic information so that someone even without any kind of legal training or experience could get kind of a rudimentary understanding of kind of a baseline of what to expect if they’re involve and injured in an accident.
Cindy Speaker: Okay. Can you give you us a couple of examples as to what is included in this book?
Michael DeMayo: Well, specifically, there are some tips on what to do with the insurance company or more importantly, what not to do with the insurance company. There is some examples as to how to get treatment, what to say and do with regard to the facts of the accident. It certainly tells you from a specific standpoint that your injury is obviously the most important component of the case and getting the proper treatment and care is very critical not only to your well being but ultimately to a successful resolution of the case. Often times, there are situations where someone is really not hurt, they get checked out at the hospital and that’s really all they’re going to need. They really don’t need an attorney but they could use this book as a reference. Even though we give this or we will be offering this book in a variety of different ways, if the person is severely injured, not withstanding what I think is a fairly comprehensive read on what they should do, I still give them the opinion that they do need an experienced personal injury attorney to help them obtain the best results possible.
Cindy Speaker: Okay. Now Michael, how can someone get a copy of your book?
Michael DeMayo: Well, the best way, Cindy, is to go to our website. You’ll be able to go to our website which is www.demayolaw, that’s all one word, D-E-M-A-Y-O-L-A-W dot-com and you’ll be able to download a copy of the book. If you don’t want to do that or you’re not able to do that, the book is for sale. It can be purchased at Amazon.com and alternatively, if you’re either unable to print it off the web or unable to pay for a copy at Amazon.com, we ask that people contact our office directly and we’ll be happy to provide them with a courtesy copy.
Cindy Speaker: Now, if someone is listening to this and they have been injured and have specific questions, how can they reach your firm?
Michael DeMayo: Cindy, the best way to contact our office is toll free anywhere in the United States and that’s 1-877-333-1000 or they can go to our website at www.demayolaw.com.
Cindy Speaker: Great information. Thank you, Michael.
Michael DeMayo: Thank you.
1% at Fault in an Auto Accident
Video Transcript:
Cindy Speaker: What if I was one percent at fault in an auto accident, can I recover compensation? That’s our topic on this episode of Main Street Law. My guest is North Carolina Personal Injury Attorney, Michael A. DeMayo of the law offices of Michael A. DeMayo. So Michael thanks for being here today.
Michael A. DeMayo: Pleasure to be with you Cindy.
Cindy Speaker: Well Michael, what is the answer to that question? Suppose I was rear-ended by another driver and I’m injured but I wasn’t wearing a seatbelt, what happens to my claim?
Michael A. DeMayo: In North Carolina Cindy that really doesn’t matter. In North Carolina, we’re one of three states that have what’s called contributory negligence. So if you’re even one percent at fault, you don’t recover anything. One of the few exceptions is they cannot introduce evidence that you weren’t wearing your seatbelt. So that will not be a bar to recovery. But any other form of negligence generally would be.
Cindy Speaker: Now what is the difference between contributory and comparative negligence?
Michael A. DeMayo: Generally, most states in the United States have a version of comparative negligence which essentially says, “If you’re less than 50% at fault, you recover less your percentage.” For example if you were deemed to be 20% at fault and the defendant 80%, you would get full recovery less 20%. So you get an 80% recovery. There are three states, North Carolina being one of them, where if you’re even one percent at fault, you don’t recover.
So the example would be North Carolina and South Carolina. In North Carolina, you’re going down the road, someone pulls out in front of you, they alleged your speeding, you’re more than one percent at fault for that because you were speeding, and you would recover nothing. In South Carolina, let’s say they attribute 20% to you at fault because you were speeding. You would still recover less the 20%. So it’s a huge distinction. North Carolina has a very strict rules and regulations about how you can recover if you’re involved in an accident and it’s very important that you not give any information out before you seek legal help.
Cindy Speaker: Okay. Now you said North Carolina is one of the only three states that has this law?
Michael A. DeMayo: That’s correct, North Carolina is one that—North Carolina, I believe its Virginia, Alabama and there is one other state. I believe it may be the District of Columbia. But there’s generally only a few states in the entire nation that still have this law because it’s fairly antiquated and it’s pretty unfair because even if you’re one percent at fault, you recover nothing and people sometimes don’t get that. And unfortunately, when they don’t get that and they don’t do the proper things at the onset of their case, sometimes, that causes their case to be denied or devalued significantly.
Cindy Speaker: Well Michael, do you see any hope of North Carolina changing to comparative negligence?
Michael A. DeMayo: Ironically, there were some provisions actually this year in an effort to make the change, but the other side—the insurance industry put in so much other negative provisions into the bill that it really wasn’t worth giving up joint and several liability, paid versus billed, it wasn’t really worth giving up to get comparative, so it did not pass.
Cindy Speaker: Okay. Michael, what are some of the cautions in dealing with the insurance company?
Michael A. DeMayo: Well generally, the insurance company, their job is to get rid of you quick, cheap, and quiet. That’s how they get paid, that’s how they make money. The attorney’s job is diametrically opposed. Obviously the better we do for a client, since we work on contingency, the better we do financially. So we have a vested interest. We have a built-in interest to do well for the client where as the insurance company has the opposite. From a practical standpoint, some of the tricks that the insurance companies will use is right after the accident, they’ll give you what they call a short sale or quick settlement offer, they’ll get you to sign sometimes a medical authorization which is a big mistake, and sometimes they’ll do a recorded statement which is not required, although oftentimes they’ll tell you that it is.
Their job is to investigate the claim so that they can either deny it, delay paying it, or defend it if you go to court. So the reality is when people say the insurance company is being very nice, sure they’re being very nice, they don’t want you to get an attorney because statistics show that when you get an attorney, you generally recover three and a half times more with an attorney than without. So what that says is even someone like myself charging a third, the client’s net recovery is always going to be better as a general rule with me as opposed to without me.
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And every once in a while, we’ll get a case where we say, “You know what, we’re really not going to add value,” we’ll tell the client that. We’ll be very honest and say, “Listen, you know your case is small. You only went to the doctor a few times. There’s only X amount of value for your pain and suffering, we’re not going to benefit you as much such that us taking our fee, you’re going to come out the same. So we’re not going to take your case. But think about us in the future if you should need us.”
Cindy Speaker: Excellent, great information. Well Michael, if someone has specific questions how can they reach you?
Michael A. DeMayo: They can certainly contact us by our toll free number which you can reach us anywhere in the United States, which is toll free 877-333-1000. We answer our phones 24/7, 365 days a year. Or obviously if they want to do a little research on our firm, they can go to www.demayolaw.com and they have a myriad number of abilities to get in touch with our office or ask questions or do research so that they can feel comfortable about our experience, knowledge, and our dedication to them.
Cindy Speaker: Very good. Well Michael, thank you so much for your time today.
Michael A. DeMayo: My pleasure.
Cindy Speaker: This is Cindy Speaker for State Law TV.
Why Hire a Personal Injury Lawyer for an Accident Claim?
We are taught in nearly every school in the world to care for our medical and personal health, but often our legal and financial health is overlooked. No one teaches us to consult with a legal advocate when we are injured or wronged, which seems to be a grave disservice to us.
The reasons for using a personal injury lawyer are to protect your lifestyle and your financial health, as well as your family and your future. While many of us do not consider seeking out an attorney immediately upon injury, it’s quite often the best time to accomplish it in order to assure a full and complete recovery from our injuries-both personal and financial.
When Should I Consult a Personal Injury Lawyer?
When you have been injured in an accident, chances are good that the only thing on your mind is feeling better. You are concentrating on healing from the injuries that you have sustained. Pain has a tendency to cloud our thinking and to make real consideration of what took place and how to recover from it something you’re not actually thinking about.
In many cases this recovery is paramount in your mind, with all other considerations being secondary.
The cost of being out of work, as well as being ill and requiring medical treatment can be exorbitant. You will quite likely also be concerned about spending anything further. For this reason alone, you may be hesitant to hire a personal injury lawyer.
For many of us, it follows that we probably won’t consult with a personal injury lawyer until much later-if we do at all. This can be a serious mistake on our part.
The time that immediately follows the personal injury is a time when we are not concentrating on what has taken place, but only our own pain.
Realistically this is a time when we need to consider not just the present, but also the future that you may face. Many people neglect to realize that the injuries that you sustain, even if you consider them to be minor, can affect your entire life.
Immediately following an injury is when the best evidence may be gleaned and the most important statements may be taken. Comments from those who have witnessed what took place are more likely to be pertinent and honest when the incident is fresh in their mind.
Waiting to consult with an attorney may not be in your best interests. Personal injury lawyers can tell you what your rights may be, as well as to advise you on the steps you should be taking. They may also help you to procure the evidence you need should legal action be necessary to protect your interests.
Doesn’t it Cost a Lot to Get a Personal Injury Lawyer?
Most personal injury attorneys work on a contingency fee basis which means that they only get paid if your recover compensation. They then recover a percentage of the award that you are given. If you think that handling the situation yourself is in your best interests, you should probably reconsider.
The defendant, especially if it is a company or corporation, such as an insurance company, will definitely have legal representation working on their behalf. These attorneys know the law and know well how to manipulate it to their own advantage. You need an advocate who can accomplish the same thing for you. The reality is that you can’t do the job as well as your personal injury attorney.
We try to cut corners in many cases, and to save a few dollars on the cost of an attorney. The end result is that we may in fact attain an award that is far less than we might otherwise have achieved.
Personal injury lawyers are specialists. They have spent years in the study of injury law and how the legal system works to award, or to deny the monetary compensation to the victims of an accident.
What if I Already Have a “Family” Lawyer?
Putting in a call to your family attorney, or your legal aid society is not going to achieve the same expert results that you will achieve if you contact a personal injury lawyer to attend to your needs. In much the same way as you would not contact a chiropractor to remove your tonsils; you need to seek out a specialist to help you to achieve the best and most fair award that you can receive for the injuries that you have suffered.
When you are injured, seek out a personal injury lawyer. They will be best able to help you to protect your interests as well as your future.
On The Job Auto Accidents
Cindy Speaker: What special issues come up when someone is involved in an auto accident and the at-fault driver was on the job? That’s our topic on this episode of Main Street Law. My guest is Los Angeles personal injury attorney Peter Steinberg of Steinberg and Spencer and he’s going to talk with this about this topic. So Peter thanks for being with us today.
Peter Steinberg: Always happy to talk to you Cindy.
Cindy Speaker: Well Peter tell us what are some of the special issues that come up when someone is involved in an auto accident and the at-fault driver was on the job?
Peter Steinberg: Well, first of all we have to locate the driver’s employer. Sometimes that’s not easy. But generally we get to that within a pretty brief period of time. After that it’s just important to establish that he wasn’t—he or she indeed was on the job when the accident occurred.
Cindy Speaker: Okay now, does that mean that the employer can be held responsible for the actions of the employee?
Peter Steinberg: Absolutely and that’s a very beneficial thing when it comes to an auto accident. Often times when there are serious injuries an individual does not have adequate insurance coverage. When responsible party is in the course and scope of employment, in other words working at the time of the accident, then there is a frequently much more substantial insurance policy available.
Cindy Speaker: Okay, now if the at-fault driver was on the job which insurance would come in to play? Would it be the driver’s own auto insurance or the employer’s vehicle insurance?
Peter Steinberg: Well generally when the responsible driver causes an accident and he is in the course and scope of employment, his employer’s insurance policy would cover our client’s damages.
Cindy Speaker: Okay. So does that mean that the employees own auto insurance policy would not be involved in this type of claim?
Peter Steinberg: That’s correct Cindy. His policy would not be applicable generally speaking.
Cindy Speaker: Peter what if the at fault driver was drunk? Can the employer be held responsible for the negligence of the employee and if so, how would that affect the claim?
Peter Steinberg: Well definitely the employer would be held responsible for the negligence of its employee. And if the employee is under the influence that might make our client’s claim more substantial.
Cindy Speaker: Alright. Now are there times in this situation when punitive damages can come into play, depending on the severity of what the at-fault driver did or the behavior that caused the accident?
Peter Steinberg: You know, every case is different Cindy but if a responsible is in the course and scope of employment and he or she is driving under the influence it is possible that punitive damages could be leveled.
Cindy Speaker: Okay well this is certainly complicated. Peter if someone has specific question how they can reach you?
Peter Steinberg: Our toll-free number Cindy is 1-800-350-8888 and we have somebody available nearly 24/7. They could also go to our website that’s www.steinbergspencer.com.
Cindy Speaker: Very good. Well Peter thank you for being with us today.
Peter Steinberg: My pleasure Cindy always nice to talk.
Cindy Speaker: This is Cindy Speaker from Main Street Law.
Pet Insurance in an Auto Accident
Video Transcript:
Cindy Speaker: What you do when your pet is injured in an automobile accident? That’s our topic on this episode of State Law TV. My guess today is South Carolina Personal Injury Attorney George Sink of George Sink Injury Lawyers. So George Sink, welcome.
George Sink: Well thank you, Cindy, Speaker. I’m glad to be here.
Cindy Speaker: Well, George, for many, pets are important part of the family and a lot of people enjoy taking their pets with them when they go on the road. But what happens when your pet is injured or killed in an automobile accident?
George Sink: Well, (00:00:38) to someone else, you can bring a claim for the lost. Unfortunately, it’s a property damage claim. They consider none humans, you know, a car, a dog a property. So, it’s a property damage claim so you have—if there’s (00:00:54) fault driver, you can bring a property damage claim against him. If it’s your fault, you may need some special insurance or other coverage.
Cindy Speaker: And George, what type of specific insurance will cover your pets injuries?
George Sink: Well. Cindy, many companies have pet injury coverage, and that covers injuries to cats, dogs, animals that you have or the pets of people who live with you. Special coverage that you can get from your insurance company and you have to check with them to make sure it covers the appropriate animals and the appropriate people.
Cindy Speaker: Okay. And when can you use it?
George Sink: Usually when you use your collision coverage. It usually pays for your vet bills, medical treatment, prescriptions and other help that an injured pet would require.
Cindy Speaker: George, how does per injury coverage differ from regular pet insurance?
George Sink: Yes, Cindy, pet injury coverage covers your pet when they’re in an accident in your vehicle. Pet insurance usually covers when their sick or ill, under a multitude of circumstances other than that,
Cindy Speaker: That’s very interesting. George, what are some other tips that might help keep your pets safe in the event of an auto accident?
George Sink: Keep your pet out of the front seat. Now, I have my dog Max and he appears on all my Christmas cards and he is always in the backseat, always. A tip that I don’t follow but might be good for other dogs or cats, especially would be to keep them in a crate. They’re very happy in the crate, believe it or not, they’re (00:02:33) animals originally. So they’re very happy when that’s the case. So, you’re making them happy and you’re making them safe and it really allows them to stay in a safe place, maybe on the ground so they don’t end up as projectiles and injure themselves. So, those are some tips that I’d follow.
Cindy Speaker: Well, George, thank you for calling attention to something that is important to so many, the safety of their pets.
George Sink: Oh, you’re welcome, Cindy, and thank you for having me. I hope everyone out there has the world of safety for their pets. I love them and I know you do, too.
Cindy Speaker: Well, George, in your line of work, handling accident and injury cases, you deal with insurance issues all the time. If someone has specific questions along these lines, how can they contact your firm?
George Sink: At 1-800-849-SINK. You can call toll free, or you can find us on the internet at www.sinklaw.com
Cindy Speaker: Thank you, George.
George Sink: Thank you for having me.
Cindy Speaker: This is Cindy Speaker reporting for State Law TV.
Teen Driver Safety Guide
Video Transcript:
Cindy Speaker: Motor vehicle crashes are the leading cause of death among teens in the United States, killing close to 6,000 every year. Teen death is the result of automobile accidents, exceed homicides and suicides. In Los Angeles, California, the law firm of Steinberg and Spencer is working hard to mitigate this frightening and escalating trend. The firm has recently published a three-guide for parents on Keeping Your Teen Drivers Safe.
Peter Steinberg, owner of the firm is our guest today and he is going to talk with us about this topic and this parent-teen driving contract and how he hopes it will empower parents to tackle these tough issues. So Peter, thank you for being with us today.
Peter Steinberg: Thank you Cindy, it’s always nice to be here.
Cindy Speaker: Well Peter, where do we dig in here to address this topic of teen driving as it relates to safety issues?
Peter Steinberg: Well Cindy, there’s some really good news here and that is that reportedly, 89% of teen say that their parents have the biggest influence on how they drive. So, that gives us as parents an opportunity to seek to educate ourselves as to how to educate and instruct our kids in regards to driver’s safety.
The fact is that the cause of most accidents can be attributed to plain old simple bad decisions and if we can help our teens to make good decisions instead of bad ones, we can prevent many accidents and save a lot of lives.
So right now, car crashes are the number one killer of teens in the United States and unfortunately, 11 teens die every day as a result of fatal injuries that occurred in an auto accident.
Cindy Speaker: Wow. Well Peter, where do we start?
Peter Steinberg: You know Cindy; I think the starting point today is our cellphones. Here are some facts that you’ll find in our teen driving safety guide:
Talking on a cellphone while driving slows a young driver’s reaction time to that of a 70-year old driver, and more than half of all teens report making and receiving phone calls while driving. I actually think that figure is probably a lot higher. But anyway, texting these days is a factor in 200,000 automobile crashes last year, and over a third of those were caused by a teen driver.
Cindy Speaker: These are really alarming statistics. So Peter, how do we talk to our teens about driver’s safety? How do we convince these young people that they’re not invincible and then help them grasp the way of the responsibility that goes along with driving a motor vehicle?
Peter Steinberg: Well Cindy, the best defense is to talk to your teenage driver—to really seriously talk to them.
Cindy Speaker: Well, can you give us some guidelines?
Peter Steinberg: Okay. Here are a few things. First of all, it’s really important to talk to your teenage driver in a really meaningful tone. The conversation is not lighthearted or comedy and it’s not disciplinary talk either. It needs to be very serious and it’d be helpful to give your teens some visual cues or visual aides. So it’s in our opinion, helpful to have a brochure on some safe driving tips or ideas.
We also have a summer newsletter with some information that could be used and that’s pretty relevant and we can also reference current events or celebrity car accident and not about parental experience that occurred 20 years ago, kind of in the “horse and buggy” era. I also think it’s very important to encourage your teenagers to ask questions. If you don’t have the answers, get them. And people are always welcome to call our office and if we could be of help, we’d be happy to do that.
Cindy Speaker: And Peter you said you have a free guide to offer, now what is in that?
Peter Steinberg: Well Cindy, in our guide you’ll find some of the statistics that I’ve just gone over and there’s a section that tells you how to talk to your teen. What do you say and what do you tell them? And the guide gives you plenty of specific guidelines to do that.
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We also have a section that talks about what we call the danger zones of teen driving. For instance, one of the biggest danger zones is that teens are inexperienced and it’s important to know what these zones are so that you can educate your teenagers and advocate what to do.
Another topic we have is the GDL law, this refers to Graduated Driver Licensing and it let’s new drivers get on road experience while driving gradually and under lowered risk conditions. Many parents we talked to don’t even know about this law and it’s in place to help you train your teen to be a good driver. So the final section of our guide is a contract that we have devised that encourages you to have your teens sign as a pledge to abide by the guidelines that the two of you agree on.
Cindy Speaker: You know, that’s a great idea Peter, and what’s included in this contract?
Peter Steinberg: Well Cindy, the format is bullet points to identify what their teenager will do and what he or she will not do. And then we have some ground rules covering items such as curfew time, passengers, weather conditions, how far they can travel, and we spell that out for the first four months of their driving, then the next four or five months, and then the remaining few months in a year. And there’s also a section that allows the parent to write a short narrative of the agreed upon consequences that will result if the contract is broken. And then both parties sign the contract and date the contract.
Cindy Speaker: Peter this sounds like a fantastic tool to help turn our teens into safer drivers. How can someone get that guide?
Peter Steinberg: Cindy, they can go to our website at www.steinbergspencer.com and you’ll see a link. Just put your name in it and email address and we’ll get that right out to you.
Cindy Speaker: Great, and if they want to reach you by phone, how can they do that Peter?
Peter Steinberg: They can call us nearly 24/7 at 1-800-350-8888.
Cindy Speaker: Peter this has been very valuable. Thank you so much for writing this guide and making it freely available to the public and thanks for being with me today.
Peter Steinberg: You’re quite welcome Cindy.
Cindy Speaker: This is Cindy Speaker for State Law TV.
Advantages of Technology Following an Auto Accident
Video Transcript:
Cindy Speaker: One of the biggest obstacles in a personal injury case is gathering information and evidence. My guest today is South Carolina attorney George Sink of George Sink Injury Lawyers and he’s going to talk with us about the kind of evidence that needs to be gathered, and how technology can come into play.
George, thank you for being with me today.
George Sink: Oh, Cindy, thank you for having me.
Cindy Speaker: My pleasure. George, what sorts of things are normally available to a car accident victim at the scene but are difficult to track down later?
George Sink: Well, one of the things and the biggest thing, as far as I’m concerned, is the name and contact information for witnesses. The name alone doesn’t help that much so we need to know how to get a hold of them, and there’s lots of ways nowadays, telephones, email addresses. So that is a big thing. Also, possibly drawing the scene, if we could just get a picture of the scene, somehow, how many lanes were there, were there stop sign there or was that a yellow or a white line. Those are the things that really help at that time and if we can get copies of that, it really helps our client and their case.
Cindy Speaker: Well, George, I know you’re something of a techno file, just like I am. Have you found any helpful technologies for people involved in car accidents?
George Sink: Yes. Actually, the funniest thing is most people have it. Right now, they have cell phones. Now, cell phones can take pictures at the scene, not only of your car, which is the first thing you think of, but we could do that later, their car. Some cases are settled and resolved by pictures of their car because there’s not much damage to yours but their car, say, ran up underneath yours and it’s terribly damaged. And sometimes you can take videos with your cell phones. Also, use that cell phone to call 911 for police or for medical help, if you or someone else is injured.
Cindy Speaker: Very interesting. What about the smart phones, especially the iPhone, is there anything along those lines that might be helpful?
George Sink: Yes, strangely enough. I have an iPhone and it’s got a application, you call them apps, called CAR. It’s called Collision Accident Report, and it comes up on your iPhone and it’s a series of blanks you can fill in. They will enormously help you and you can put photos on it, you can email it to yourself, or to your lawyer. So CAR on the iPhone and it’s a wonderful thing, right at the scene while you’re waiting for the police or the ambulance. It’s just a great thing to do.
Cindy Speaker: George, that sounds really helpful. Let me ask you this. Are there other types of technology that are becoming increasingly important and helpful to your phone?
George Sink: Oh absolutely. Everyday, we’re using technology more and more. We’re using the internet, case management systems, and various other technological developments that are really leapfrogging our practice ahead. Check us out at www.sinklaw.com on the internet. We’ll be there and we’re on a lot places using a lot of technology. Technology is the wave of the future.
Cindy Speaker: It certainly is. And George, thank you for giving us your web address. How about your phone number, if someone wants to call you for more information?
George Sink: Well, call toll free at 1-800-849-SINK, that’s 7465. 1-800-849-SINK.
Cindy Speaker: Well, George, thanks so much for your time today.
George Sink: Well thank you, Cindy.
Cindy Speaker: This Cindy Speaker from State Law TV.
New Developements in Fighting Drunk Driving
Video Transcript:
Cindy Speaker: In Texas, there’s been increased attention on this topic of drunk driving. My guest today is Houston Attorney Terry Bryant, and we’re going to talk with him today about this subject. Terry, how are you doing?
Terry Bryant: Fine, how are you?
Cindy Speaker: Good. Well Terry, last year you were a guest on Great Day Houston and you spoke about this topic of drunk driving. And also on that program was Laura Dean-Mooney who was president of Mothers Against Drunk Driving. Tell me a little bit about that organization, how they’re making a difference, and what you see in terms of their positive impact.
Terry Bryant: You know, they work on this problem all day everyday. They are lobbying for support to have ignition inner inter locks put in the vehicles of all convicted DWI offender. This is a sophisticated device that can actually prevent a vehicle from being driven by a drunk driver.
Mothers Against Drunk Driving has also done a terrific job of creating awareness of this seriousness of drunk driving. For instance, on their website they point out that first time offenders have driven drunk an average of 87 times before they are convicted.
Cindy Speaker: That is really unbelievable. Well Terry, what’s going on in Texas because you told me there are some—as you said increased attention in Texas on this topic.
Terry Bryant: Well in some cities, we’re having what’s called a No Refusal Weekend, which means that if a person is suspected of driving drunk, the law enforcement authorities will go to a judge and get a search warrant to allow taking a blood to see if the person needs the threshold for driving drunk. So if the person refuses of breathalyzer, his or her blood can actually be taken in a forcible way.
Cindy Speaker: And did you say that has already started or it’s about to start?
Terry Bryant: That has started and it’s done at varying times throughout the year.
Cindy Speaker: Okay, very interesting. Well Terry, you have a great public service announcement on drunk driving that really talks at the heart, and I like to play that right now.
Linda Hull: I got a call from the coroner and he said, “I regret to tell you that your daughter has been killed in an automobile crash”. We lost Renee in 1987. She was killed during Spring Break. She was hit head-on by an on-rage drunker.
Four years after Renee was killed, this happened to Leslie. I got a call from one of Leslie’s friends, and she told me that Leslie had been struck and hit by a car that had veered into the crowd of kids. We buried Leslie right next to Renee. That was tough, that was tough. I just remembered pounding my fist on the counter and saying, “This can’t be happening again. This just cannot be happening again.”
Narrator: If a drunk driver has hurt you or someone you love, it’s not an accident, it’s a crime.
Cindy Speaker: Wow, and is this an actual family?
Terry Bryant: Yes it is. She lost two daughters to drunk drivers.
Cindy Speaker: That’s unbelievable. As we’ve talked before, you know that my family was changed forever by a drunk driver as well. My father was killed back in 1977 when a drunk driver hit him, and someone tried to pull him from the car but he was pinned and the car caught on fire. Before they were able to get him out, the car blew up and my father was killed. These are not pretty stories, and yet I have to tell you that the person who killed my father had actually been convicted of killing a pedestrian while driving drunk two years earlier, he never even lost his license. And for us, what happened is that the insurance company did nothing more than make a phone call to us and say, “Gee, I’m sorry, that’s just so sad.”
Terry Bryant: Cindy, the insurance companies are in business to make sure you get as little as possible. Their races and promotions are based on how little they pay out to people that are making claims. And that’s why hiring a lawyer in a drunk driving case is really a necessity. The average layperson is just no match for these insurance companies and they’re lawyers.
Cindy Speaker: Well Terry, what do you find as the biggest challenges in drunk driving cases?
Terry Bryant: The biggest challenge is to gather the evidence early and to make sure that we get a copy of the video tape from the authorities.
Cindy Speaker: A copy of the video tape? I don’t understand what you’re saying. Are you saying that that video is taking in these situations?
Terry Bryant: Yes. Oftentimes, a video tape is taking it—the scene of the accident when the officers are doing what we call a Field Sobriety Test; or when they take the person to the station and do an interview with the alleged drunk driver.
Cindy Speaker: Very interesting and very complex. Well Terry, what are your recommendations for someone who is a victim of a drunk driving accident.
Terry Bryant: I would recommend that they contact an attorney immediately to make sure that their legal rights are protected.
Cindy Speaker: And if someone has specific questions, how can they reach you?
Terry Bryant: They can call my toll free number at 1-800-444-5000, or find us on the web at www.TerryBryant.com.
Cindy Speaker: Very good. Well Terry, thank you so much for your time today.
Terry Bryant: Thank you for having me.
Cindy Speaker: This is Cindy Speaker reporting for Main Street Law.
Hit Twice in an Auto Accident
Video Transcript:
Cindy: What to do if you’re in an automobile accident and you’re hit twice? That’s our topic on this episode of Main Street Law. My guest is South Carolina personal injury attorney, George Sink of George Sink Injury Lawyers and George, how are you doing today?
George: Doing fine, Cindy. How are you?
Cindy: I’m great. Thank you. Well, George, one difficult situation that comes up is when you’re involved in an auto accident and very soon afterwards, you get hit again? When does this situation typically come up?
George: Well, we call this a one-two-three collision. It’s usually when one car rear-ends the other and then a third car comes along and hits the second.
The other way we may hear about this is when car one struck by car two and then another car comes along and either strikes car one or the driver of car one after the driver of car one leaves their car.
Cindy: Alright, then what problems are presented when you are hit twice?
George: Cindy, it’s usually a coverage issue. For example, it’s very difficult at times to determine which damage was caused by which collision.
Cindy: Alright, and what is it that you look for in a situation like this, George?
George: We want to know if your client—car number one, felt one or two collisions. Usually, the amount of time that passes between the collisions is critical. If it’s a short amount of time between both collisions, it’s usually considered one incident for coverage purposes. If there was a lot of time that passes between the two collisions, there may be two incidents for purposes of allocating insurance coverage and responsibility.
Cindy: Okay now George, what would be considered a lot of time? Are we talking 30 seconds, five minutes?
George: There is no law determining the amount of time. It really depends on the circumstances.
Cindy: Okay and what should you do if you’re involved in one of these situations?
George: Cindy, I advise all of our clients to carry a lot of under insured motorist coverage—that’s coverage that helps you no matter how much coverage and the personal injuries you have, but the one thing you can count on is you can bet the insurance companies for the two cars that hit you are going to accuse each other of causing all of the damage to avoid paying the money for the damage that they caused.
Cindy: And that makes sense and I think that’s another reason why I hope people that listen to this realize the importance of having representation in a situation like this, and George if someone needs to talk with you personally, how can they reach you?
George: You can get us at 1-800-849-SINK or on the internet, www.sinklaw.com.
Cindy: George, thanks so much.
George: Thank you, Cindy.
Cindy: This is Cindy Speaker for State Law TV.
