Posts tagged car accident
Playing the "pot" card against an innocent driver

Driving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.

Let's say you live in a state where pot is legal.  You get high on a Sunday evening with a group of friends in your own home.  On Thursday, you are driving down a road and someone runs a red light.  You had a green light.  The bad driver tells the officer that you look high.  The officer doesn't see anything unusual but asks you to take a blood test.  Carboxy-THC shows up.  You are ticketed for driving under the influence.  Until a prosecutor looks at the blood work and realizes there's no case.  At which point the charges are dropped

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The non-visitor: a story about never saying you're sorry.

Walk up to door one.  Open and walk through.  Door two.  Push button.  It clicks.  Enter.  Write name and time on log at front desk.  Write name on tag and stick on shirt.  Cindy arrives and says hello.  Follow her down the linoleum covered hall.  Past the man in a wheelchair.  An open door reveals a woman in bed watching tv.  A hunched over man looks at me from another open door.   His leg is bandaged.   Walk towards the eating area where several others are congregated.  Mostly in wheelchairs.  Chatting.  Average age probably middle 70s.  Or older.

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The joys of trying a case...at the last moment: a trial diary story

This morning am in a bright red ruffled shirt with the obligatory black.  Here is my confession.  Want to wear an old favorite pair of heeled Franco Sarto boots.  They will look great with the outfit.  There is just one catch.  You see, they have been up on the back top shelf patiently waiting for me to take them to the repair shop.  For over a year.  The toes are a bit pointed and the soles have partially rubbed off at the tips.  Looking up at them as they hang over the shelf, you can see the white rubbed away part.  No holes.  Not quite.  But still a bit shoddy.  Yet they would be perfect.  So (and this is the confession part), pull down the boots.  Pull out a black magic marker.  Scribble all the white away.  And presto.  The outfit is now complete.

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Dealing with Death Wednesday - a tirade

Yesterday night Noelle didn't come home.  I worried about her.  Even though I figured she was staying at her friend Leda's house.  Noelle is 19.  Old enough to think that she doesn't have to check in every single minute of the day with me.  I have a hard time with that. Cristina and Alysha, her older sisters, know that 19 is not my magic cut off number.  Because I still call them and ask where they are every single day as well.

Today am working on two different cases where two kids Noelle's age, didn't come home ever again.  Here's the story of one of them.

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Love the Owens

Tired of fake reality tv.

Try the true life story of the survival and recovery of the Owen family.  Brought to you by - the Owen Family.

According to the news:  On December 21st around 1:20 p.m. The Owen family was traveling on Highway 2 near Stevens Pass when a tree fell onto their suburban and claimed the lives of 58-year-old Tim Owen and 56-year-old Cheryl Reed. Also in the vehicle were the couple's son, Jeremy, daughters Jessie and Jamie, and son-in-law Steven Mayer. Jeremy was released from the hospital but the other three are still being treated for serious injuries.

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Deposition of a defense psychiatrist: doctor do you have a crystal ball

Ms. A is insured by State Farm with UIM. They do not want to pay the claim.  They hire this psychiatrist to do a records review. To help them challenge the injury claim.   Dr. P never meets or interviews Ms. A.   But being the God-like creature that he is, will testify that Ms. A somaticizes her injuries and has "secondary gain."   What this means in real people language - is that she is making the injuries up.   My job is to show that he is the one making things up.

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The trial diary that almost wasn't

I first tried a MIST case (Minor Impact Soft Tissue) fifteen years ago. Glenn Phillips (he of the billboard/tv/bus/cab advertising fame) was the defense lawyer.

I was going to be speaking in the country’s first “How to Hammer Allstate” seminar conceived by my then law partner Pat LePley. So I needed a sample case. One of my existing clients was involved in a zero property damage car strike. I took it on to see what Allstate would do. They hired Glenn, his associate, a biomechanic expert and an orthopedic surgeon who wrote a 35 page report. Our side had a chiro who had never testified before even in deposition. And the husband (a Boeing engineer) to counter the defense biomechanic. Well, we beat the zero offer. And got over a grand in sanctions because Allstate refused to admit fault until the first day of trial. My love affair with MIST cases was born.

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Sunday and the ladder

It's the weekend and guess where I am.  Yes.  In the office.  Working on a brief.  Because two defendants think they can get out of  rear ending cars on the freeway.  This is the story of my morning's misadventure.

Here are few details you will observe.  First - yikes - no makeup.  Second - am sitting on ball which apparently is bouncy.  Third - have a runner's tan line.

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How to NOT hit (and injure or kill) a pedestrian

Here are some tips from cases I've handled on how NOT to run down a pedestrian*.

  1. When the bus you are driving arrives at an intersection.  And comes to a stop.  And there are pedestrians already on the sidewalk curb getting ready to cross, wait your turn.  Let them cross.  They were there first.  Do not turn your head to look for oncoming traffic and begin to drive forward as they are walking in front of you.
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Where do these all powerful medical insurance adjusters come from?....

You get in a car wreck.  But fortunately have purchased Personal Injury Protection or Medical Pay insurance.  So you believe you are fully covered.  That is, until the adjuster cuts off your benefits.  Usually with the help of a "medical review" sometimes performed by an actual doctor (who never sees or talks to you).

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