11/22/21 more law content

Truck Accidents

With today’s consumer expectations and high-pressure economy, where everything needs to be instant, semi tractors (trucks or 18-wheelers) drivers are under pressure to perform, and oftentimes in an attempt to save time and meet quotas, the drivers do not establish rules and regulations.

For these big trucking companies (including their drivers and independent operators), time is money, and when a load gets delivered faster, the company (including the drivers) makes more money. Unfortunately, in an effort to maximize profits, many semi tractors (trucks or 18-wheelers) companies are taking short cuts when it comes to proper training, safety, and following the rules and the regulations.

Call us, we will fight for you. From day one, we prepare for a big fight. We prepare to fight until you get all the money you deserve. We are the LAWYERS ON YOUR SIDE™. Call us and put us on your side.

Injured in a truck accident ♦ Call 1-866-789-1664

♦ A Semi Truck/Tractor

Semi tractors (trucks or 18-wheelers) usually have 3 axles, the front axle (known as the steer axle) having two wheels, and each of the two rear axles (known as driver) having a pair of double wheels on each side. Most of the semi tractors (trucks or 18-wheelers) only have 10 wheels. Most states have different variation of rules and regulations governing the maximum size and weight of the trucks; however, since the majority of hauling is done on the interstate highways, the vast majority of trucks and trailers made in the US are built to the specifications of the Department of Transportation (DOT), which governs the use of the interstate system. The DOT has established such vehicle size and weight limits in order to have uniform guidelines: 102 inches wide, 13.5 feet in height, and 80,000 lbs gross weight. DOT limits can be exceeded as individual states have the right to issue temporary oversize and/or overweight permits.

♦ Leading Causes of Truck Accidents

Sadly, a few short cuts could lead up to an accident and hardship for the victims, for those who are lucky to survive. According to the National Center for Statistics and Analysis, thousands of motorists are killed each year by semi tractors (trucks or 18-wheelers).

By nature, semi tractors (trucks or 18-wheelers) are massive and hard to maneuver, which can make for dangerous conditions while driving. Semi tractors (trucks or 18-wheelers) accidents in the United States take an enormous toll on many aspects of human life, including financial hardship, physical injuries or death, and emotional devastation.

Some of the most common causes of trucking accidents are:


  • Unlicensed Driver

  • Speeding
  • Disobeying safety procedure
  • Fatigue Caused by Strenuous Schedules
  • Motor Vehicle Inspection Failure
  • Repair & Maintenance Failure
  • Brake Over-heating
  • Over Loading
  • Failure to Yield
  • DUI / DWI
  • Driver Fatigue
  • Truck Rollover
  • Lack of Attention when Backing
  • Brake Failure
  • Tire Failure
  • Trailer Loads not Secured Properly
  • Truck Loads not Secured Properly
  • Failure to Train

Injured in a Truck Accident? tell us about your case ♦ Click here

♦ Federal Motor Carrier Safety Administration

The Federal Motor Carrier Safety Administration sets out the rules and regulations for semi tractor (truck or 18-wheeler) drivers and truck companies. Specifically, Federal Motor Carrier Safety Regulations (FMCSRs) covers the amount of time a truck driver can drive without a break.

Federal law requires commercial vehicles traveling in interstate commerce to carry $750,000.00 of insurance for bodily injury and property damage.

Is someone responsible for my injuries?

There are a lot of reasons why an investigation is performed when it comes to a semi tractor (truck or 18-wheeler) accident because every accident has a cause (untrained driver, speeding, disobeying Safety Procedure, fatigue, equipment failure, negligence, use of drugs or alcohol while driving, negligent entrustment, and much more). Every accident can be attributed to someone’s failure and negligence, and therefore, it is important to investigate an accident to find out who is really responsible for the damages caused to you and your loved ones.

MAS LAW FIRM – Personal Injury Lawyers

♦ Truck Accidents ♦ Truck Rollover Accidents ♦ Insurance Claims in Truck Accidents

CALL 1-866-789-1664 ♦ EMAIL [email protected]

What to look for if you are involved in an truck accident?

Professionals and experts need to be involved with all aspects of the investigation from the beginning. There might be others liable for harm that has been caused by the accident, such as manufacturers, if it is shown that there was a design defect. Many manufacturers are quick to blame the accident on a blown tire, and although that might contribute to the accident, the one thing that needs to be considered is that during most accidents, tires get blown.

If you or one of your loved ones is involved in a major accident, causing serious injuries, a forensic investigator is needed to examine the wreck, the truck, the vehicles, and the accident scene.

If Equipment Failure is the cause, what needs to be done?

A semi tractor (truck or 18-wheeler) is a danger on the roadways, if there are not proper measures taken to ensure that there are no mechanical malfunctions, equipment failures, or ignoring driving regulations and guidelines.

Regulations require that semi tractors (trucks or 18-wheelers) drivers not drive more than 18 hours in a day and such regulations require time in the sleeping compartment, not napping behind the wheel. Further, such regulations require the driver to log his or her sleeping compartment time. The reality is very different. Often times, the drivers are asked to work beyond these hours and are given unreasonable guidelines for delivery. So, the driver, in order to make sure he or she gets paid, has to take shortcuts in order to meet the company’s goals and requirements.

Other than driver error, often it is the actual rig that malfunctions or fails causing the semi tractor (truck or 18-wheeler) accidents. Some of the most common failures that are known to the trucking companies are brake failure or malfunction, faulty mechanical components, and disproportioned loads.

♦ Dealing with Trucking Companies

How can you, without hiring a lawyer, deal with a trucking company or their insurance carriers after a truck accident?

Trucking companies and their insurance carriers are highly skilled when it comes to accidents. These adjustors represent the trucking company and their insurance carrier and not you. The adjustors will obtain statements and facts in order to see how they can minimize your claim in order to save money for the companies. Just remember, you should not talk or give any statements to these adjustors. Let our office help you protect your interest.

Truck companies and insurance carries dispatch their accident investigators to the scene of the crash as soon as the call comes in. So while you are tending your injuries and dealing with the aftershock, the truck and insurance companies are getting ahead to start building a defense and minimize their liability exposure.

Who is responsible in a truck accident injury or death case?

Any person, company, or entity that was at fault for causing the accident can be sued. This includes the truck driver, the trucking company, the owner of the trailer, the shipper, the maintenance company, the truck manufacturers (if claim is based on design defect), manufacturer of the tire, and the management company, if any.

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Q: What should I do after my accident?

A:


Here are a few suggestions of things that you should do immediately after your accident:

  1. Write down the contact information (including names, addresses, and telephone numbers) of everyone involved in the accident and any witnesses who saw what happened.
  2. After contacting the insurance company, write down the name, address, and telephone number of the insurance adjustor and the claim number assigned to your claim.
  3. Take notes of every conversation you have with the insurance adjustor (They are taking notes of every conversation they have with you!).
  4. Be VERY careful when you describe your injuries to your doctors and the adjustor. Be sure to provide both a complete list of all body parts that are in pain. It is common for complaints of pain to increase over time from minor to serious. If you did not tell your doctor of that minor pain that now requires medical attention several months later, you are giving a gift to the insurance adjustor.
  5. Follow your doctors’ advice.
  6. If you need to take time off from work due to your pain, make sure that your employer documents your leave and return to work as soon as you are able to do so.


Q: What is the penalty for leaving the scene of the accident and not reporting it to the police?

A:

In Texas, all accidents involving damages of $1,000.00 or more, and/or causing death or injury to a person, including himself, must be reported to the Department of Motor Vehicles using a form called a CR-2. This Form is available on our website. Also, if you are involved in an accident, you must check with everyone involved to make sure they are not injured. If anyone is injured, then the police must be notified. However, even if nobody is feeling injured at the moment, it is generally a good idea to notify the police, particularly when there is serious property damage to the vehicles or there is any question about who is responsible for causing the auto accident.

If you fail to report an injury accident to the police and leave the scene, you may face criminal charges for hit-and-run and may be sentenced to jail or subject to a fine.

Let us Evaluate Your Claim ♦ Call 1-866-789-1664


Q: I was just involved in an accident and am hurt. I want to see a doctor but I’m worried about who will pay for my medical care. Does the insurance company pay the bill? If they do, when does it get paid?

A:

Ultimately, the person at fault pays for your medical bills. They are responsible, so they will pay either personally or through their insurance company. The problem is that they won’t pay until the case is settled or after trial when they will pay a single lump sum to you for all your damages.

Until then, though, how do your bills get paid. First, if you have health insurance, you should send your bills to your health insurer for payment. Another option is to submit the bills to your car insurance company for payment under your medical payment benefit coverage.

If you do not have health insurance or medical payment benefits to pay for your medical care, your doctor may take a lien against the proceeds of your settlement in order to pay his bill. Under this agreement, he’ll wait to get paid until your case settles.

Because there are a variety of payment options, and each can have a consequence with respect to your accident injury case, it is important to speak to an experienced personal injury accident attorney for specific advice for your case. The lawyers at our firm are available to consult with you and provide clear advice regarding your serious injury.

Q: What is my accident case worth?

A:

While this question may seem very simple, the answer and calculation is actually very complicated. The bottom line is that there is no simple formula or process to predict the amount of money that an injury accident case may be worth.

However, in a nutshell, an injury accident victim is entitled to compensation to pay for all medical care (both past treatment and future treatment that is reasonably anticipated) caused by the accident, loss of past earnings, loss of future earning capacity, and general damages (typically referred to as “pain and suffering” damages).

The largest factor in determining the value of an injury accident case is the cost, extent, and length of medical treatment. Not only are the medical bills subject to reimbursement through a settlement or judgment, but they are the primary measure used by insurance companies and jurors to award general damages.

The best way to get a range of what your injury accident case may be worth is to talk to an experienced, knowledgeable attorney–one who only represents injury accident victims–at our law firm by contacting us via this website or at 972-789-1664.

Injured in an Accident? tell us about your case ♦ Click here


Q: Are there any mistakes I could make that would destroy my injury accident claim?

A:

Absolutely. Many clients make one or even several mistakes early on after their accident which could jeopardize their claim and give unneeded ammunition to the insurance adjustor. Unfortunately, most of these mistakes are made before hiring a lawyer–a lawyer who would advise them not to make these mistakes.

Here are a few examples of things that you should absolutely NOT do after an injury accident:

  1. Do not agree to an audio tape recording of your conversation with the insurance adjustor (No, you do not have an obligation to agree to the recording).
  2. Do not discuss anything but the basic facts of the accident with the adjustor such as the date and time that the accident occurred, where it occurred, and what happened. Adjustors will often try to engage you in informal conversation to find out details about your work history, income, schedule, and social security number. None of this information must be turned over to the insurance adjustor.
  3. Do not agree to anything.
  4. Do not sign anything, including a medical authorization to get all medical history about you–including things that are not related at all to your accident injuries.
  5. Do not answer any questions about your family. This is completely irrelevant.
  6. Do not identify any witnesses. You are not under an obligation to do so.
  7. Do not give the adjustor the name of your doctor. You are not under an obligation to do so.

Q: Do I need you to represent me after my injury accident?

A:

Not always. Generally, the more complex the injury and the more extensive your medical care is, the more an attorney will be able to add value to your claim. If your injury is minor or resolves within a day or two, and you do not seek medical treatment, you would be better off settling the case yourself. As a general rule, our law firm does not represent every injury accident victim–even if they ask.

By being selective about the cases and clients we work with, we can devote more time and energy to our clients’ cases. If your claim does not meet our selection standards, you may be better off handling your claim without an attorney.

Q: What about my car? Who should pay to get my car fixed after my car accident?

A:

Generally, the insurance company for the driver who caused the car accident will pay to fix your damaged car. However, this may drag out and the insurance company might not be as helpful as you would like. In that case, you might want to contact your own insurance company and have them work to fix your car. The downside is that you will need to pay your deductible, but your insurance company will help you recover the deductible from the other insurance company.

Q: How much is it going to cost for a consultation?

A:

Nothing, there is no charge for the consultation when the case is one of personal injury. The case will be handled on a contingency basis, with the attorney being paid from the recovery.

Q: What Should I bring with me to my appointment?

A:
Please bring the following:

  1. The police accident report and information regarding the other party and passengers involved
  2. Medical expenses and evidence of other expenses
  3. Insurance policies (including your own, regardless of whether you were driving or whether it was your own car)

Q: Are there any other costs or expenses involved with this type of case?

A:

Yes. Typically, the primary expenses associated with a personal injury case are litigation costs, fees for medical reports and records and charges made by experts. The firm pays these expenses up front and these are repaid with your recovery. Q: If you take my case, what will I have to do?

A:


If you hire us to be your lawyers, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case. Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a “deposition.” (Of course, we’ll prepare you first, find a time that is convenient for you, and sit next to you during the deposition). You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial.

Q: How long will it take?

A:
Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors. Our advice to our clients? Be patient. We are always willing to tell you exactly what is happening with your case. In the meantime, you have to trust that we are working hard for you.

Q: What do insurance companies and potential defendants want?

A:
Insurers want your premiums but not your claims. Insurers want valid lawsuits against them to never be pursued and so they fill public opinion with mistruths about our legal system and “too many frivolous lawsuits.” Insurers hope that you will think that you’re in good hands with their insurance claims adjuster. Insurance companies want all jurors to think the plaintiff (person filing suit) is a sham, dishonest and insincere. Insurers want jury verdicts to award far less damages then what is fair, and just in case a jury awards what is fair, they want caps on damages to minimize how much justice you can get.

Have more Questions about your case? ♦ Call us at 1-866-789-1664

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Accidents

Car accidents make up a substantial amount of all personal injury and wrongful death claims and the issues involved can be extremely intricate and complicated. Our personal injury litigation attorneys are knowledgeable about the laws in Texas regarding car accidents, insurance issues and the requirements for the full recovery for your injuries. We understand the difference between a quick settlement and total compensation and are determined to fight for what you deserve. Victims of car accidents are usually entitled to compensation for vehicle damage as well as medical bills, lost wages, as well as pain and suffering.

Although, legal action is not the first step victims think of after an accident occurs, the reality is that a lawyer is often required when dealing with any insurance company. Commonly, victims assume that the insurance company will completely cover their medical bills, etc., and this is simply not the case. READ MORE

Have you ever thought about WHY INSURANCE COMPANIES HAVE RESERVE ACCOUNTS SET A SIDE FOR EACH ACCIDENT (occurrence)? Why if you have not been paid, the company puts the money aside and automatically calls it due, but does not pay it until months or even years later? What happens to the money that is off the insurance companies’ book, but still in their control? Where does the interest on billions and billions of dollars go? Even better, if the money is due, then why do adjustors play hard ball and try lower the value of your claim? READ MORE

Call us, we will fight for you. From day one, we prepare for a big fight. We prepare to fight until you get all the money you deserve.

We are the LAWYERS ON YOUR SIDE™. Call us and put us on your side.

Texas Department of Transportation – CRASH REPORT [FORM CR-2] READ MORE

Leading Causes of Car Accidents in Texas

  • Drunk Driving
  • Hit and run
  • Negligence
  • Speeding
  • Driver inattention
  • Defective & dangerous automotive parts
  • Defective vehicle product design
  • Running red lights
  • Running stop signs
  • Rear ends and collisions

If you were hurt in a car accident, you will need experienced legal representation. Our personal injury litigation attorneys fully understand the complexities of car accident cases, and we know how to fight for you with the insurance companies and other responsible parties to get you the best possible settlement outside of court or from the jury. READ MORE

Don’t Forget this when involved in an Accident

If you have been involved in any kind of traffic accident, whether a car accident, truck accident, or motorcycle accident, you will inevitably have to deal with your insurance company as well as the insurance agents of others involved in the accident. Filing an insurance claim and handling insurance adjusters can be quite a task. We recommend that you hire an attorney to help you, but if you decide to do it on your own, here are some suggestions as what you should do:

IF INJURED SEEK HELP IMMEDIATELY!

  • Contact an attorney
  • Contact your insurance agent
  • Take pictures of the accident scene
  • Get the names and phone number of all witnesses
  • Take notes as exactly what happened
  • Keep receipt of all your expenses
  • Do not admit to liability
  • Do not give any statements to anyone without consulting with a lawyer
  • Do not be rude to the police officer at the scene
  • Call a family member to come and help you if you are not able to drive

Truck/Semi Accidents

A semi tractor (truck or 18-wheeler) is a danger on the roadways, if there are not proper measures taken to ensure that there are no mechanical malfunctions, equipment failures, or ignoring driving regulations and guidelines.

Anyone can be a victim in an accident with a semi tractor (truck or 18-wheeler). If you or a loved one has suffered injuries from the negligence and fault of someone else, contact us. We will stand with you to make sure your rights are protected.

Semi Tractors/Trucks/18-wheelers & Trucking Companies . . . READ MORE

most common causes of trucking accidents . . . READ MORE

Is someone responsible for my injuries? Yes . . . READ MORE

What to look for if involved in an accident with a Truck . . . READ MORE

Who is responsible in a truck accident injury or death case? . . . READ MORE

Trucking companies and insurance carries dispatch their accident investigators to the scene of the crash as soon as the call comes in. So while you are tending your injuries and dealing with the aftershock, the truck and insurance companies are getting ahead to start building a defense and minimize their liability exposure.

MAS LAW FIRM – Lawyers on Your Side™

♦ Truck Accidents ♦ Semi accidents ♦ tractor accidents

CALL 1-866-789-1664 ♦ EMAIL [email protected]

Injuries on the Job

Are you or a loved one been seriously injured on a job site as a result of:

  • Oil field Accidents
  • Plant explosion
  • Factory Accidents
  • Construction Accidents
  • Accidents as a Result of OSHA Violations
  • Roadwork Accidents
  • Railroad Accidents
  • Helicopter Accidents
  • Crane Accidents
  • Electrocution
  • Fall from a Building
  • Scaffolding Falls
  • Elevator shift Falls
  • Roof Collapsing
  • Other Injuries Resulting at a Job Site

Construction accidents & Type of construction injuries . . . READ MORE

Responsible Parties & Workers’ Compensation . . . READ MORE

What damages are recoverable in construction accident cases? . . . READ MORE

what do you need to know about injuries at the job sites: . . . READ MORE

We are here for you. We are the LAWYERS ON YOUR SIDE™

MAS LAW FIRM – Personal Injury Lawyers

♦ Work Injuries ♦ Construction Injuries ♦ Workers Compensation Claims

CALL 1-866-789-1664 ♦ EMAIL [email protected]

Medical Malpractice

Medical malpractice is a professional negligence action that can be brought against healthcare provider for acts or omissions that has deviated from accepted standards of practice in the medical community and causes injury or death to you. If you or a loved one has been injured because of a doctor or hospital negligence, you then need a lawyer with experience, settlement negotiating skills, and medical science knowledge. We, at MAS Law Firm, offer you a free case review and consultation. So, do not wait, time is not on your side, give us a call today. READ MORE

Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00. READ MORE

Psychiatrist and psychologist malpractice . . . READ MORE

Types of medical malpractice cases . . . READ MORE

Texas medical malpractice rules and regulations. . . READ MORE

Slip & Fall Premises Liability

If you have been injured as a result of unsafe condition on someone else’s property, you might have a claim.

Let us Evaluate Your Claim ♦ Call 1-866-789-1664

Some of the damages you may be entitled to include: lost wages, medical expenses, pain and suffering as well as other punitive and compensatory damages.

Premises liability cases are often complex and require through investigation and hard work to determine liability. At MAS, we are committed to your case and our experienced attorneys will keep you informed and will follow through from the beginning of your case until its ultimate resolution. We understand how life changing such an experience can be and how it can affect your quality of living, which is why we are so compassionate and committed to getting you all the money you deserve for your injuries.

Common Premises Liability Lawsuits . . . READ MORE

Details about Premises Liability Cases . . . READ MORE

Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items, but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (houses).

As a result of defective product, each year thousands of people are injured due to defective products. Fortunately, individuals or companies responsible for these injuries can be held accountable due to the product liability laws. If you or your loved one has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the defective product. We offer free consultations and do not charge a fee for our services unless your case is won.

Call us today for your free case evaluation. We are the LAWYERS ON YOUR SIDE™

MAS LAW FIRM – PRODUCT LIABILITY Lawyers

CALL 1-866-789-1664 ♦ EMAIL [email protected]

what is product liability law? . . . READ MORE

TYPES of product liability . . . READ MORE

how can a product become defective?. . . READ MORE

Wrongful Death

A wrongful death suit is a legal action (lawsuit) filed for the death of a person due to the carelessness, negligence, recklessness, malpractice, or inaction of another individual, company or entity. The tragic and unnecessary death of a loved one can be one of the most traumatic experiences one can go through in a lifetime. Such a tragedy often leaves families devastated and heartbroken, feeling as if they have nowhere to turn. The physical, psychological and emotional toll on you and your family is profound.READ MORE

Our goal at MAS Law Firm is to help guide you through the process with the highest level of caring, expertise, and compassion. It is hard enough to deal with the death of a family member or loved one. However, when that death is caused by the negligence or misconduct of another, the effects are multiplied. Not knowing your options is a real and natural dilemma that MAS litigation attorneys are prepared to help you through this difficult time step-by-step.

Please contact us for a free consultation to discuss the specifics of your tragedy and let us inform you of your legal rights as we counsel you during this difficult time.

Let us help you in this difficult time ♦ Call 1-866-789-1664

The law allows for a variety of damages in a wrongful death suit. Some of these damages include medical and funeral costs, lost wages including future earnings, lost benefits, loss of support or companionship and consortium, loss of inheritance, pain and suffering, mental anguish and other general damages. Further, in some cases, punitive damages are recoverable for reckless actions. READ MORE

The Wrongful Death Act provides the exclusive remedy for wrongful death in Texas; the Wrongful Death Act also provides for compensating the decedent’s spouse, parents, and children for the losses they sustained as a result of the decedent’s injury and death. READ MORE

wrongful death act in texas . . . READ MORE

subchapter b ♦ subchapter c ♦ subchapter d . . . READ MORE

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If you find yourself in a situation where you feel you must acquire a lawyer to help settle a personal injury matter, it would be beneficial for you to first become familiar with the process of filing for personal injury claims as well as what kind of fees personal injury lawyers charge.  Most people are not familiar enough with the terminology used by lawyers when it comes to their services and fees which often causes misconceptions or misunderstandings in the lawyer/client relationship.  This can readily be avoided if both attorney and client have more clear and open communications concerning this matter before an attorney accepts a case.

One aspect of personal injury claims that people have a misunderstanding about is the significance of the lawyer’s “contingency fee”.  In brief, a contingency fee is the payment an attorney expects to receive for his services in representing your personal injury case.  This payment may be a percentage of the amount of gross or net funds you receive from your claim, depending on whatever terms were agreed upon when you hired his services.  If the terms you agreed to stated he would receive a percentage of the gross funds, this means a percentage of the total funds received for your settlement, before deducting cost of medical bills and/or other expenses.

What is the proper contingency fee for personal injury cases?  Most lawyers will ask for a percentage of your gross settlement and nothing more – no extra charges, no additional hourly fees.  However, these are terms you and your lawyer should settle upon before he is hired so there are no misunderstandings of your specific arrangements.  You can check within your state to see if there is a fixed contingency fee by law, but otherwise most fees are negotiated between client and attorney ahead of time, and these can be anywhere between 25 – 45% of the gross settlement. On average 33% of the gross settlement seems to be what most personal injury lawyers charge.

A few factors you may want to consider when negotiating a fee is the lawyer’s range of experience and expertise.  Choosing a more experienced attorney with a greater track record, even though he may charge higher, may be to your best interest in the long run as he may be able to procure a greater settlement.  In other words, a more capable and astute lawyer who “knows his stuff” can actually increase your chances of obtaining better success in your case than hiring a mediocre counterpart for a lesser fee.  This is something you should take into consideration when making your decision.

You may wonder whether hiring a lawyer by the hour would be more advantageous rather than paying high contingency fees.  When you choose to hire a lawyer and pay by the hour, these funds come directly from your own pocket, regardless of whether you win or lose the case.  When opting to pay by contingency fee, the lawyer receives a percentage of your winnings – if you lose there is no payment.  Therefore, the better deal is going with the contingency fee.

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The question what is a subordination claim as it pertains to medical malpractice lawsuits is complicated. First a person has to be injured through the action of a medical practitioner or facility or have a loved one who was killed due to the negligence of one of these parties. Second the injured party has to sue. The people named in the lawsuit may subordinate their claims for an easier, streamlined defense.

Every patient deserves a certain level of competency in their medical treatment. There is a standard level of care that is expected to be provided to each and every person. When this care is not received intentionally or by accident, an injury may occur. Each and every person deserves the right to have their symptoms diagnosed and treated, the treatment to be monitored, the correct medication and dosage amounts given and adequate care provided by the medical profession. If this was not done and serious injury or death occurred, there are legal ramifications.

The injured party or the loved one of an injured or dead party can contact an attorney to see if they have a legal suit against a person, a facility or both. An experienced, professional trial attorney who specializes in medical malpractice lawsuits will save this client much time, wasted effort and obtain a larger settlement because this person has the knowledge to fully understand the problem and what has to be done to be successful in a court of law. This specialist will collect all the information, obtain the necessary documents and depositions and file a lawsuit against the people involved and the facilities. This may include the hospital, a doctor’s clinic, an extended care facility, the doctor, nurses, anesthesiologists, lab technicians, pharmacy, pharmacists, nurse’s aides and anyone else involved.

Once the suit is filed, each named person and facility will contact their malpractice insurance carrier. Each individual insurance company will review documents and may meet to develop a plan of defense. At that time some of the insurance companies may subordinate their claim, allowing one company to head up and handle the defense. This would allow a more streamlined process and reduce the possibility of fighting between the defendants. These insurance companies may work out a private agreement between themselves on how to handle the cost of litigation, settlement offers and trial awards. An experienced trial lawyer will know how to best work with this system of subordinated claims.

Many times in these medical malpractice cases the court or jury will divide the responsibility and blame between the different parties and assign a percentage of the total claim to each. To the person bringing the suit, the end result is they get X number of dollars which will be paid by more than one insurance company and/or person.

The question: what is a subordination claim as it pertains to medical malpractice lawsuits should really be: how does a subordination claim on a medical malpractice lawsuit affect the patient? The answer is it does not; it is a strategy used by insurance companies to streamline the defense and eliminate infighting between the defendants. A competent trial attorney can handle this with ease.

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Choosing a lawyer of any type is always a difficult decision, and one that you should research thoroughly before you make your choice. This is particularly important when choosing a personal injury lawyer. This type of lawyer is one that has only become largely used over the last few decades, but is now extremely popular, especially in the United States. In the city of Dallas there are a large number of such lawyers as there is a plethora of individuals searching for a personal injury lawyer Dallas. If you have been involved in an accident of any type that is not your fault then you may well be eligible for some sort of claim. Often the amount you are entitled to can be extremely large. The amount will generally depend on the severity of you injuries. The more severe you injury the higher the pay out will be. Sometimes it can be into the millions of Dollars.

There are a number of law practices based in and around the Dallas area that specialize in this type of lawsuit, and thus have years of experience in attaining the maximum amount of compensation for you injuries. One such law office is that of Joel M. Vecchio P.C, they are based on the North Dallas parkway and have many areas of expertise with injury cases. Below are some of their more prominent case specialities.

As Dallas is such a busy city, automobile accidents are one of the most common claims that are made. For this reason this is one of the main areas that this practice covers. The key to a successful claim is the speed at which you and your lawyer take action after the accident has occurred. The faster the action is taken, the better chance you have of receiving the maximum claim.

The first step is obviously to assess both yourself and any other drivers to see if either of you have any sort of injury. One of the most common mistakes is to assume with a small accident that there has been no injury to either party. This is not always the case and if trauma is spotted further down the line it can be extremely costly to you and the other parties. If injuries are spotted then call 911 immediately. Once the police and paramedics are on sight you can leave everything to them to follow the law to the letter. This eradicates you from any further repercussions.

The firm also specializes in other injuries such as dog bites, construction accidents and job injuries. All of these other types of injuries should be dealt with in a similar fashion. Whenever anyone is injured the police should always be notified so that everything can be officially documented from start to finish. By following this procedure you can ensure that when the case comes to court not only are you fully protected, but if you are to make a claim against another individual or a company that you have all the relevant data to make a solid case on your behalf.

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If you or a loved one has been injured due to an injury or accident, you need the services of a qualified personal injury firm.  There are many reputable Texas attorneys to choose from, but when it comes to finding the best personal injury firm Dallas has to offer, you want to follow a simple process of comparison. You need to know how the firm operates in order to make a smart decision about who will represent you.

First, because there are many specialties of the law, make sure the firm does indeed handle personal injury cases.  Next, before you sit down with an attorney, confirm that he or she will meet with you for an initial consultation at no charge.  Personal injury lawyers earn their money from a percentage of what you receive when the case gets settled.  So avoid firms that charge you for the first interview.

Remember that it is a mutual decision as to whether a personal injury firm Dallas will take up your case.  An administrative assistant or paralegal at the firm will check for any conflicts of interest before you meet with any of their attorneys.  If they find that someone on the opposing side has been a previous client, they will have to suggest you look elsewhere.

When you get your interview scheduled, prepare your materials.  For your appointment you will want to have with you all relevant documents.  These can include any written police reports, medical bills and records, and correspondence with insurance companies. If you or the person injured has been unable to work or been put on limited hours following the injury, you will want to show the attorney your notes on lost income.  Earlier pay stubs can be helpful in this regard.

Now that the lawyer has a better idea of your case, it is time to ask questions about his or her practice.  Find out how long they have been in practice.  If they handle other areas of the law, ask about the percentage of personal injury cases they take on. How successful have they been?

Do they represent mostly plaintiffs, the people like you who are suing for injuries, or mostly defendants?  You want a firm with more experience helping the injured.  Although good attorneys strives for fairness, those used to protecting the interest of insurance companies may hold an unconscious bias toward them and against plaintiffs such as yourself.

Ask whether you will be working with the lawyer who has met with you or if the firm will assign others to handle your case.  You can ask to meet them as well. You want to feel you can trust the lawyer or lawyers who are working with you, and perhaps to feel a certain personal rapport with them to make the whole legal journey easier on you and your family.

When it comes time to find the best personal injury firm Dallas has to offer, start your search based on recommendations from friends and professionals in other fields.  Then do a brief amount of homework and you are on your way to getting a settlement that will help make up for your losses.

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There are millions of auto accidents that occur on the road every year and this is one of the most serious concerns of courts today. Because of the amount of suffering associated with these damages there has been a long history of courts awarding damages in auto accident lawsuits. If you are a victim of an auto accident lawsuit then you have every right to seek all possible damages under the Texas laws in order to maintain quality of life. An accident on the road can change your life in an instant and this will require extensive medical bills and suffering. If you are in this position and you need help then you should look into hiring the right attorney for the case.

Courts have historically awarded a large amount of damages to victims of auto accidents in accordance with Texas law including compensatory damages, comparative fault, and punitive damages. When an accident occurs on the road one person is determined to be responsible for the accident and the other person is determined to be the victim. It is the right of the victim to seek all damages and financial compensation possible in order to reduce suffering resulting from the accident. If you need to know what damages to seek in your case you should know these different types. Compensatory damages are the actual damages that have resulted from the accident. An example of this would be damages to your vehicle when the crash occurred and also the resulting medical bills. This is the most important type of damages because they account for any damages that were caused as a result of this auto accident.

Comparative fault damages occur in cases where the crash is determined to be a shared responsibility. If both parties are responsible for the crash then they will both share the financial burden caused by the accident. This can benefit someone in a crash hoping to recover a percentage of damages that they would otherwise be responsible for paying on their own. Punitive damages can also be recovered in cases where willful misconduct is determined. If the auto crashed if the responsibility of the other driver and resulted from this misconduct. These damages are awarded to the victim in addition to the actual damages suffered in order to punish the responsible driver for the crash. This is a method that courts commonly use in order to discourage reckless behavior.

If you experience an auto crash on the road it is your responsibly to do everything that you can to recover all of the damages that you can. In order to prevent unnecessary stress and suffering as a result of this accident it is important that you hire the right representation to fight the case on your behalf. Experience is important and there are very few attorneys who have the experience required in order to get you all of the money that you deserve. If you hope to obtain all of the possible types of damages then you need the hire the best, who will have your best interests in mind.

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One of the most common types of car wrecks on California Highways is the rear-end accident. When cars in traffic stop suddenly, other cars that are following too closely or traveling too fast can have trouble stopping before a collision occurs. Most rear-end collisions are little more then minor annoyances, but in some instances a defective seatback can result in serious injury. Seatback failure takes place when a rear-end collision throws a seat forward, than backward, causing the mechanism that holds the seat upright to stop working. When the seat subsequently flies backward, it can hit passengers in the back seat hard, causing death or debilitating brain or spinal injuries. Front-seat passengers can be injured and lose control of the vehicle, causing multiple crashes; the collapsed seat backs may also block everyone’s exit from the vehicle.

Problems with automobile seatbacks can be attributed to defective parts, including seatbacks, the tracks the seats rest on, and the recliner instruments. Seatbacks themselves should be sturdy enough to stop from moving forward and impacting the interior of the vehicle in a collision. A seatback failure can interfere with the restraint system, causing drivers to slam into rear seat objects in a collision. In extreme circumstances, the passengers can be ejected from the vehicle when they slide out from under seatbelts.

The safety norms for automobile seats are too lenient and out of date to protect those in California Auto Accidents from injuries. Vehicle tests show that most seatbacks are unable to safely withstand crashes, especially split bench and bucket seatbacks. Despite the fact that the National Highway Traffic Safety Administration (NHTSA) has indicated their desire to strengthen federal requirements regarding seatbacks, it is still not required for automobile seats to go through crash tests.

Bisnar Chase is proud to have won significant victories in seatback failure law, including a case in which a seven-year-old girl died after her mother’s Ford Escort was rear-ended at just 25 miles per hour. The girl’s mother was thrown backward in her collapsed front seat, causing her head to strike her daughter in the chest. The girl suffered internal bleeding and a ruptured heart; she died just one day later. The Ford Motor Company settled the case for a significant, confidential amount of money after just one day at trial.

If you or a loved one have suffered an auto accident injury or death due to seatback failure, you are entitled under California law to compensation from the makers of the faulty seat. An experienced California seatback failure attorney can help you decide whether to file a case and get the best possible outcome for you. For a free, confidential consultation from the seatback failure lawyers at Bisnar Chase, please call 1 (866) 909-6161.

HOLDING WRONGDOERS ACCOUNTABLE
FOR THE DAMAGES THEY CAUSE

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Bisnar|Chase, California Slip and Fall Attorneys,

have been successfully representing the people of California

since 1978 against negligent property owners. Premises

liability cases, commonly referred to as “slip, trip and

fall” are very complex and often difficult to prove. Under

California law, merely owning or occupying land does not

make that person liable for injuries sustained on the

property. There must be some form of negligence on the

part of the owner or occupier of property before there

can be any liability.

Bisnar|Chase and their team of experienced attorneys

are dedicated to their clients and have committed themselves

to getting the best possible results in each and every

premises liability case. In every personal injury case

there are significant costs associated with providing

the best representation. Bisnar|Chase have the

financial resources available and can afford to hire the

best experts in the field…at no cost to you.

If you have been involved in a slip and fall accident,

you should consult an attorney immediately. The shock

and stress of being involved in an accident is a traumatic

experience for all involved. The experienced professionals

at Bisnar|Chase will promptly investigate the

accident, determine liability, and seek to recover all

legal damages.

If you have suffered injuries while on another person’s

property, make sure you document the accident very carefully.

The evidence you gather may be necessary to prove negligence

against the property owners or property managers.

It is crucial that you take the following actions:

  • Insist that the owner or manager of a commercial property

    fills out an accident report documenting the nature

    of the accident and make sure you are given a signed

    copy.

  • Get the names, addresses and phone numbers of any

    one who may have witnessed the accident.

  • Gather any evidence such as a broken bottle, wet garbage,

    etc., that may have contributed to the accident.

  • Seek medical attention right away and report all your

    injuries. Even injuries that seem “minor” at the time

    can lead to debilitation in the future.

  • Call an experienced premises liability lawyer immediately.

    Bisnar|Chase will discuss your options at no

    cost to you.

  • Never speak to the property owner’s representative

    about your accident or injuries. Always refer them to

    your attorney.

If you or someone you know has been injured in a slip and fall accident, contact a qualified California Slip & Fall Attorney at Bisnar Chase right away to learn your legal rights and options. The statute of limitations for Slip & Fall cases can vary depending on the facts of the case, so it’s imperative that you contact one of our personal injury attorneys as quickly as possible. You’ll pay no fees if we don’t obtain a verdict or settlement for you. For a free, confidential, no-obligation consultation, call Bisnar Chase today at 1 (866) 909-6161.

HOLDING WRONGDOERS ACCOUNTABLE
FOR THE DAMAGES THEY CAUSE
SINCE 1978

HOLDING WRONGDOERS ACCOUNTABLE FOR THE DAMAGES THEY CAUSE SINCE 1978

Bisnar | Chase 2006-2008 – Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. Bisnar | Chase has received this award for three consecutive years.

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If you are looking for a personal injury lawyer in Denver, then you should check out Frankfurt Law Office.  I was recently in a small accident in my car.  The Frankfurt Law Office was recommended to me by my father.  I gave them a call out of courtesy to my father and was surprised by how helpful they were.  When you are in a car accident there are a lot of things that have to be dealt with.  High on that list is medical expenses.  I didn’t really have a conception of how expensive my short visit to the hospital would be.  I didn’t think that I had even injured myself, although my car was totaled.  But the EMTs urged me to go with them in the ambulance and so I did.  I got checked out by a doctor and given a prescription for pain killers.  The doctor also made me an appointment with a specialist after he diagnosed me with whip lash.  The next week, when I got the bill, I was shocked to discover that I owed the hospital over thirty thousand dollars.  The prescription pain killers alone cost over one thousand dollars.  I had no idea that the cost of medicine was that crazy.  I had no way of paying the bills and I didn’t have insurance.  I called the personal injury lawyer at the Frankfurt Law Office and they said that they were already trying to collect money from the other driver involved in the case.  This was good news because when I went to see the specialist, he said that he charged three hundred dollars per office visit and that I would need to buy a neck brace that cost over ten thousand dollars.  To make the financial situation worse, the auto insurance company appraised my car at three thousand dollars even though I had bought it for over ten thousand just a year before.  I called the insurance company and they were totally worthless.  They just said the same thing over and over again and no matter who I talked to, they all sounded like robots.  One again I called my personal injury lawyerwho was able to make me feel better.  The team at Frankfurt Law Office really is the best.  They told me not to worry about any of the bills.  They promised that they would be able to get me the money that I deserved.  The instructed me to focus on my health and rehab.  They wanted me to chose the best option when ever doctors presented me one instead of taking finances into consideration.  So I did.  I feel like my rehab went pretty well and after a few months, I was back to 100 percent.  I also replaced my car with the exact same model.  So a few months later, everything was going good, but I still didn’t have the money.  That is until one night when I got a call from the Frankfurt Law Office and they said that they had gotten me a big settlement.

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After an automobile accident, most insurance companies will try to minimize the amount they have to pay for the accident, or sometimes, try to avoid their payment altogether. Practice these important steps to protect yourself both before and after an automobile accident:

Understand Your Policy’s Fine Print
When it comes to accidents, many people lose important benefits because they don’t realize what claims they should file based on their insurance policies. In many cases, there are strict time limits and notification requirements when it comes to filing a claim. Car accident victims who don’t respond to notification requirements on time run the risk of losing their coverage. That said, contact your insurance company immediately after you get in an accident. Know all the details of your insurance policy—most importantly, what coverage is included.

Save Your Story 
When insurance adjusters approach you right after an accident, it may seem natural to tell them what you know and sign whatever papers they give you without thinking twice. By signing these papers, you may be signing away your rights to sue. It is important that you carefully review these papers, preferably with a personal injury attorney, before signing away your rights. Furthermore, any statements you make early on may be used against you as you try to obtain coverage. Always remember that you are not required to sign any documentation right away, despite what the adjuster(s) tell you. Take time to review documentation with your lawyer prior to signing anything that could get in the way of your plans to sue.

Let Your Lawyer Help You 
Even if the amount of money an insurance adjuster offers you after an accident seems great, you should never accept the first offer. There is more to coverage than just hospital bills. Due to an injury, you or a loved one may lose wages if you if can no longer work, or there may be follow-up appointments in the future that could get expensive. It is in your best interest to contact a personal injury attorney and ask for advice. Seeking their advice is typically free—and they can give you an honest opinion of whether or not it’s worth it to pursue your case further.

Know That Insurance Companies Like to Play Games
It seems natural to rely on your insurance company for advice after an accident. While an insurance company is there to help you cover the costs of your automobile accident, they will also do whatever it takes to pay as little as possible. For that reason, many insurance companies will deny claims, fail to return your phone calls, put you on hold for long periods of time, or pass you around from one adjuster to the next—all delay tactics to put off payment as long as they can. Don’t let the stress of their delay tactics lead you to accept a really low settlement offer. To be sure you get the appropriate amount of coverage, contact a personal injury attorney and drastically increase your chances of gaining the compensation you need.

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In the case of a car accident, someone—or some company—is always to blame. The trouble comes when parties involved want to determine exactly who that responsible party is, or if both parties are at fault, which is responsible for what damage.

Most people found responsible for a car accident are at fault due to negligence or recklessness. Negligence is the act of doing something, without thinking, that may cause harm. Recklessness, on the other hand, is knowing that something very well could cause harm, but doing it anyway. When it comes to a car accident, everyone involved wants their stake at liability—the obligation a responsible party has to make amends, usually through money, for any damages he/she may have caused. However, in order to gain this money, the courts must determine 1) who is at fault and 2) what they are at fault for. This decision is often left up to state courts to decide—and there are various ways they could choose to place blame.

Types of Fault

While few states have “no-fault” rules—meaning that all insurers pay their own clients’ damages, no matter who is responsible for the accident—most courts take the role of each party into account. As a result, there are three ways state courts could decide who pays damages; or sometimes, how both parties should share them.

1. Pure Contributory Negligence: In some states, even if you played a very minor part in the accident, causing anything whatsoever exempts you from collecting damages. As a result, the courts could claim that both parties are at fault due to pure contributory negligence.

  • What states follow this? Maryland, Virginia, North Carolina, Alabama and the District of Columbia

2. Pure Comparative Fault: In some states, you always have a right to receive compensation for your damages; but some of these damages may be reduced by the amount you are considered to have caused. As a result, the courts could claim that responsible parties are at fault due to pure comparative fault.

  • What states follow this? New York, Rhode Island, Kentucky, Mississippi, Louisiana, Florida, California, Missouri, New Mexico, Arizona, South Dakota, Washington and Alaska

3. Proportional Comparative Fault: In some states, it gets complicated. While the person most responsible may not be entitled to collect any damages, those less at fault could receive damages based on their shared responsibility in the collision. There are two versions:

50% Proportional Comparative Fault:Due to the fact that eligibility for damages ends at 50% fault, parties that are equally to blame would not be entitled to collecting damages. As a result, the courts could claim that responsible parties are at fault due to 50% Proportional Comparative Fault.

  • What states follow this? Maine, West Virginia, Georgia, Tennessee, Arkansas, Kansas, Oklahoma, Nebraska, Colorado, North Dakota, Idaho and Utah

51% Proportional Comparative Fault: Due to the fact that eligibility for damages ends at 51% fault, both parties could share blame equally—meaning both are responsible for damages. As a result, the courts could claim that responsible parties are at fault due to 51% Proportional Comparative Fault.

  • What states follow this? New Hampshire, Vermont, Massachusetts, Connecticut, New Jersey, Delaware, Pennsylvania, South Carolina, Ohio, Indiana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, Montana, Wyoming, Nevada, Oregon, Texas and Hawaii

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Even though many insurance companies won’t take your soft tissue damage lawsuit seriously, this is a very serious type of injury. It may not cause you to need a wheelchair or daily medical attention for the rest of your life, as other injuries do, but a soft tissue injury can still cause pain for many years.

If you have been involved in an accident and suffered damage to the soft tissue of your back, it’s important to understand what to expect. Fighting the insurance company on your own could lead to a very small settlement or none at all. They don’t take these types of cases seriously and insurance companies only want to pay the minimum.

With the help of an attorney for soft tissue damage cases, you can gain full compensation for the injuries you have suffered. It’s hard to put an exact number on what the average settlements is because these cases vary quite a bit. Some soft tissue injuries are worse than others are and every case is unique.

Many variables can affect the value of the case including the nature of the accident, the actual injuries sustained, the extend of medical treatment necessary, the insurance company of the at fault party and many other factors. A skilled accident attorney that handles these types of lawsuits can better advise you on what to expect.

Other variables that can change the value of the case, such as alcohol or drug involvement can also make a difference. If you were hit by a drunk driver, the compensation may be larger than if it was truly an accident. In a drinking and driving case, they at fault driver is not the only person your attorney can go after. They can also go after the establishment that served the driver, the bartender and potentially other negligent parties. This can lead to a larger settlement or award.

The best way to value your case is to contact an attorney that handles accident injury lawsuits. They will take into consideration the medical expenses for your injuries, lost wages and any future treatment or lost wages you may suffer. You may also be entitled to compensation for a decrease in quality of life, depending on the case.

Personal injury attorneys have settled soft tissue injury cases for a few thousand dollars all the way up to a few million. There are far too many variables to provide an average amount for these types of cases. You should be aware that New York, just like other states, has limited (statutes) for filing your suit.

If you have been injured in an accident and you seek financial compensation, it’s better to contact an attorney now, rather than wait. Your attorney will be able to better estimate the potential value of your case and give you an idea of whether you soft tissue damage will result in a large settlement or not. Either way, they will fight for every penny they can possibly get you.

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Have you lost someone you love in a car accident? Was the accident caused by the carelessness of another driver? Whether the driver was intoxicated, distracted, on their cell phone or at fault in any other way, you may be entitled to financial compensation. With the help of a Manhattan fatal car accident lawyer, you can seek justice.

Drivers allow many things to distract them on a regular basis and this causes accidents, which can lead to fatalities. No amount of money is going to bring your loved one back or make up for your loss, but you still shouldn’t have to suffer the financial burden caused by an accident that wasn’t their fault.

Expenses can add up in a hurry from hospital bills to funeral costs. A fatal car accident attorney in Manhattan, New York can help you seek compensation for all the expenses involved and for your own pain and suffering. They will fight for the lost income the person could have made during their life and will ensure the negligent individual or company responsible is held accountable for their actions.

Softening the Blow with Fatal Car Accident Attorneys in Manhattan

The emotional stress and the grieving you are going through is more than one should have to handle. However, you will also have to take care of a funeral, any medical bills and handle all the calls from the insurance company. This is more than you need right now and the help of a Manhattan law firm for fatal car accidents can take away some of the stress.

You don’t need to deal with the insurance company or anybody else that will try to take advantage of your emotional state. Insurance companies may try to get you to settle for less than what you deserve simply because they know you are vulnerable. The best way to handle this is to defer their contact to your attorney and let a skilled professional handle it.

What Manhattan Lawyers for Fatal Car Accident Victims Fight For

The victim of the accident won’t be heard, but you can still make sure they get the justice they deserve. With the help of fatal car accident attorneys in Manhattan, you can fight in their memory. Here are some of the things an attorney will fight for.

  • Loss of income
  • Medical bills
  • Funeral costs
  • Pain and suffering
  • Any potential criminal penalties

Not all cases will involve a criminal charge against the at fault driver, but in cases involving texting while driving, drunk drivers and other distracted drivers, your attorney may fight on the victim’s behalf for criminal charges. They can help to persuade the judge to punish the person responsible with the stiffest penalties allowed by law.

Fatal Car Accident Lawyers in Manhattan Handle Accident Reconstruction

Since fatal car accident cases provide one less witness, it’s very important to properly reconstruct the accident. The driver at fault can provide their interpretation of the accident, but the victim cannot be heard. With a skilled attorney on your side, experts can help to reconstruct the accident and provide the story from the victim’s point of view.

Fatal car accident attorneys in Manhattan will hire the experts and they will provide a full analysis of the evidence. This includes the accident scene, vehicles and the actual collision. They will show exactly what happened and who should be held responsible for the accident. There’s no need to cut corners and a professional attorney will cover everything possible to prove the negligent part is responsible.

Manhattan Fatal Car Accident Attorneys Understand your Loss

Experience attorneys handling fatal car accident cases in Manhattan will help to ensure the loss of the person you love if understood. As your attorney builds the case, they will show how the loss of the victim affects your family, friends and the community. A good attorney is not afraid to take the case to trail, if the insurance company doesn’t recognize the magnitude of your loss.

Find One of the Best Fatal Car Accident Lawyers in Manhattan Today

Your case starts with a free consultation that will help you to understand what to expect as the case moves forward. One of our attorneys can provide you with a full case evaluation to ensure you know what comes next. They will file all the necessary claims on your behalf, listen to what you have to say and fight for justice.

To get started, just provide us with a few details about the accident, so we can match you with the best Manhattan fatal car accident lawyer for your case. They will contact you, discuss the case and answer any questions you may have. Get started with your FREE consultation today, by going here now.

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Many things must be considered if you slipped and fell in a parking lot. Before you do anything else, it only makes sense to seek medical treatment for your injuries. Your well-being comes first and you need to call an ambulance, if necessary, or at least go to the hospital. This will help to ensure that any injuries suffered are treated immediately before they become worse.

You also need to report the accident to the store manager, property owner, landlord or whoever is in charge of the property. This should be done as soon as possible and often can be done by a witness or a friend as you wait for an ambulance. If you believe your injuries are quite serious or it’s impossible for you to report the accident, make sure to get medical help first.

If you are capable of collecting any information from potential witnesses, you should. Anybody that saw you fall can help your case later in court and by obtaining the names, addresses and phone numbers of any witnesses, you will make it much easier for a personal injury attorney to settle your case quickly.

The police may arrive on the scene or they may not. Either way, you need to obtain any documented report of the accident. Most property owners (especially businesses) have a report form they must fill out whenever an accident happens. Make sure you get a copy of this report before you leave the scene whenever possible.

It can also help your case if you document any conditions that could have caused the accident. If the sidewalk was not in proper order, something was where it shouldn’t have been, ice, snow or anything else contributed to your accident, you need to make not of this. A great way to do so is with a recorder. Most cell phones have a memo recorder that will allow you to document anything you want by dictating it.

If at all possible, obtain a sample of what caused the accident. Make sure to store this properly, for example in a freezer, if necessary. You will also want to place the clothing and shoes you were wearing in a safe place to store. Usually a large plastic bag works well and DO NOT wash the clothing.

Cell phones also come equipped with cameras, which allow you to take pictures of the scene of the accident. If possible, take pictures of anything and everything you can. Even if you need to return to the scene after receiving medical treatment, pictures will help in the long run.

Once you receive medical treatment, make the phone call or get online to find an attorney for your case. The sooner you contact a personal injury attorney in Manhattan to take your case, the better. Witnesses will struggle to remember the events and conditions of the night if you wait too long and this can hurt your case.

Don’t trust that the insurance company will properly compensate you without the help of an attorney. They often try and settle cases for much less than you deserve, but with proper representation, you can receive full compensation for medical bills, lost wages and any other damages associated with the accident.

law content 11/22/21

When driving on the highway you are at a serious disadvantage if involved in a crash with a larger vehicle. In crashes involving large trucks, the occupants of a car, usually the driver, sustain 78 percent of fatalities. In order to keep you and your family safe when driving around large trucks and buses, you should be extra cautious. Sharing the road with larger vehicles can be dangerous if you are not aware of their limitations. Here are a few tips to help you drive safer to prevent an accident and minimize injuries and fatalities if one does occur.

CUTTING IN FRONT CAN CUT YOUR LIFE SHORT
If you cut in front of another vehicle, you may create an emergency braking situation for the vehicles around you, especially in heavy traffic. Trucks and buses take much longer to stop in comparison to cars. If you force a larger vehicle to stop quickly this could cause a serious, even fatal accident. When passing, look for the front of the truck in your rear-view mirror before pulling in front and avoid braking situations!

BUCKLE YOUR BELTS
Always buckle your seat belt. Seat belts are your best protection in case of a crash, especially if you get into an accident with a large vehicle such as a truck. Trucks require a greater stopping distance and can seriously hurt you if your car is struck from behind. However, your seat belt will keep you from striking the steering wheel or windshield, being thrown around, and from being ejected from the car. Wearing a seat belt is the single most important thing you can do to save your life, especially in a crash with a large truck.

WATCH YOUR BLIND SPOTS – THE “NO-ZONES”
Large trucks have blind spots, or No-Zones, around the front, back and sides of the truck. Watch out! A truck could even turn into you because these No-Zones make it difficult for the driver to see. So, don’t hang out in the No-Zones, and remember, if you can’t see the truck driver in the truck’s mirror, the truck driver can’t see you.

INATTENTIVE DRIVERS
Inattentive drivers do not pay attention to driving or what is going on around them. They can be just as dangerous as aggressive drivers when they drive slowly in the passing lane, ignore trucks’ brake lights or signals, and create an emergency braking situation. They also create dangerous situations when they attempt to do other things while driving, such as using cell phones. When you are driving, please focus only on the road. If you need to attend to another matter while driving, safely pull over in a parking lot or rest stop.

AGGRESSIVE DRIVERS
Aggressive drivers can be dangerous drivers. They put themselves and others at risk with their unsafe driving. Speeding, running red lights and stop signs, pulling in front of trucks too quickly when passing, and making frequent lane changes, especially in the blind spots of trucks, can create dangerous and potentially fatal situations on the road. These situations can lead to road rage not only for the aggressive driver but also for others sharing the road.

AVOID SQUEEZE PLAY
Be careful of trucks making wide right turns. If you try to get in between the truck and the curb, you’ll be caught in a “squeeze” and can suffer a serious accident. Truck drivers sometimes need to swing wide to the left in order to safely negotiate a right turn especially in urban areas. They can’t see cars directly behind or beside them. Cutting in between the truck and the curb increases the possibility of a crash. So pay attention to truck signals, and give them lots of room to maneuver.

NEVER DRINK AND DRIVE
Drinking and driving don’t mix. Alcohol affects a person’s ability to make crucial driving decisions, such as braking, steering, or changing lanes. Remember, you are not the only one in danger when you decide to drink and then drive. You are sharing the road with everyone including large vehicles and your chances of getting into an accident are greatly increased. If you get into an accident with a truck, you’re out of luck. The odds of surviving a serious accident with a large truck are too low. However, if you do live through it without serious injury, think of your higher insurance rates, your large legal fees, and other social and professional setbacks it will cause you. So think before you drink.

Contact our Virginia Accident Lawyers if you have ever experienced a personal injury and think others are at fault for the accident.

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As a vehicle driver, you will be no doubt well aware of the importance of safety on the road. When driving on the roads, you will be well aware of other vehicles around you, the environment you are driving in and what laws you should be abiding whilst driving. However, even if all of these factors are taken into account, a road accident is something you cannot know is coming. Many of the highways within the Massachusetts area, such as Route 95, the Mass Pike and Route 495 are often the location for the vast majority of significant crashes that occur due to the huge amount of cars, trucks and motorcycles which travel on them every day. If you are lucky enough to have not been involved in a car crash, you may not be aware of what exactly you should do in terms of looking after yourself and in abiding with the law.

Firstly, you should never leave the scene of the crime unless advised to do so. By fleeing the scene you can be damaging your case before it has begun, as this is a crime to do so. In terms of when you hire a lawyer to help you with your case, you may actually make it exceptionally difficult for them to be able to fight your case for you if you have fled the scene. In extreme cases where someone involved in the crash has unfortunately died, this could result in the case becoming more severe, with you being charged for ‘hit-and-run’. It is a good idea to check on all those involved in the crash to ensure that everyone is ok and where needed, so you can seek medical advice for those who are injured. This will also be beneficial for you in terms of your case, it will show that you were compassionate about the accident-regardless of whether you were to blame or not. During this time, you should also call for the police, unless it has already been done, and inform them of the whole incident. At times where the police arrive at the scene, you should ask the officer to file a police report so that this can be used within the records for your case, which will help your lawyer know more about the crash itself. It is also a good idea during this time to also note down for yourself, the name of the officer who arrived at the scene, and their badge number.

Car crashes can often be very messy events where the blame is pushed to and fro between victims. The best thing you can do for yourself in order to make the whole case go much smoother is to provide the other driver with your personal and insurance details, and ask for them to do the same. It is imperative you have this, not only for your insurance company-whom you should contact as soon as possible after crash, but also for your Boston Lawyer for their records of the case. As difficult as this time may be, try to be as co-operative as possible, as this could help you in the long run, but never apologize for the crash or take any blame as you will be owning up to legal liability which instantly can ruin your car crash case.

Facing a court case over something like a car crash is a very unsettling and difficult thing to go through. If you have done everything correctly, you have already helped yourself massively in making the case as easy as possible for you. However, with the right Boston Lawyer, you will be safe in the knowledge that your corner will be fought for you and that win might be a little easier to reach.

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IF YOU OR A LOVED ONE NEEDS A MASSACHUSETTS PERSONAL INJURY LAWYER BECAUSE OF MASSACHUSETTS PERSONAL INJURIES SUFFERED IN A MASSACHUSETTS PERSONAL INJURY ACCIDENT, Contact OUR BOSTON, MA PERSONAL INJURY LAWYER SPECIALISTS.

Massachusetts personal injury accident victims can suffer from many different kinds of Massachusetts personal injuries and ailments, typically resulting from someone else’s negligence. In more fortunate and less serious personal injury accident situations, an individual may sustain injuries that only result in temporary health problems, such as more minor neck or back pain that completely resolves in several weeks or a few months. In more serious Massachusetts personal injury accidents, however, the Massachusetts personal injuries that are suffered may be life-changing, permanent and catastrophic, and may cause significant disability, illness or even Massachusetts wrongful death

To be sure that your injuries are evaluated properly, the Boston, MA personal injury lawyer experts at our Boston, MA accident injury attorney law firm regularly consult with medical experts and other expert professionals to obtain expert opinions on both liability and the extent of your personal injuries. It is critical for your accident claim that your Massachusetts personal injuries are promptly evaluated and analyzed by appropriate experts, not only in order for you to get appropriate medical treatment , but also to be able to present the best evidence to recover the fair and just monetary personal injury damages that you are entitled to under Massachusetts law.

Our Boston accident Attorney specialists believe that it is our duty to provide extraordinary and superior legal representation and counsel for each of our clients. To achieve that objective, our Massachusetts personal injury clients get excellent communication from our Massachusetts personal injury Attorney experts. Our Boston accident Attorney advocates make it a number one priority to promptly respond to all of our clients’ questions and concerns, and we keep our Massachusetts personal injury clients fully informed about their cases, each and every step of the way. Our Boston, MA law firm also copies our clients on all correspondence that is sent out. Furthermore, no action is ever taken on a client’s behalf unless the issue has been previously discussed with our client and an agreement on how to proceed has been reached.

Boston Personal Injury Lawyer Our Boston Personal Injury Lawyer Experts and Massachusetts Personal Injury Attorney Professionals Handle All Kinds of Massachusetts Personal Injury Claims.
When you or your loved one has been injured or sustained wrongful death damages in a Massachusetts accident through no fault of your own, our expert Boston, MA accident injury attorneys will help you. Our Boston, Massachusetts law office has more than two decades of experience helping innocent Massachusetts personal injury accident victims recover fair and just monetary compensation for their personal injury damages. We have recovered million of dollars in injury damages for our Massachusetts personal injury clients.

In many Massachusetts personal injury claims, your medical bills will likely be paid by an insurance company. In some instances, however, the insurance company that is obligated by law to pay your medical expenses will not go out of their way to procure a copy of the medical records and corresponding medical bills that they are responsible for. The party that sustained the Massachusetts personal injuries may then end up paying the bills. This is frequently the case when you have not obtained an experienced Boston personal injury Attorney on your side to help you. It is thus paramount that you get the assistance and advice of one of our Boston, MA accident injury attorney professionals as soon as possible to guarantee that the responsible parties pay your medical bills – and promptly. If your medical bills are not paid by the insurance companies when they should be, your credit rating may be harmed, and you may be required to pay the bills and other medical expenses yourself.

Boston Personal Injury Lawyer Depending upon the particular events surrounding a personal injury victim’s accident, and the nature of the Massachusetts personal injuries that have been suffered, the personal injury victim may be entitled to get a multitude of different types of money personal injury damages in settlement or in court. Money damages typically include medical bills reimbursement, payment for any lost wages incurred, compensation for lost future wages, recovery of any other expenses that are reasonably related to the accident, pecuniary damages for pain and suffering, and loss of consortium damages.

Our Expert Massachusetts Attorney Professionals Have Been Selected By Attorney Gil Hoy Because of Their Extensive Experience, Reputation and History of Success.
The Boston, MA personal injury Attorney experts at our Boston, MA law firm will skillfully work on your Massachusetts personal injury claim, whatever the circumstances of your accident or the nature of your injuries may be. Additionally, our Massachusetts personal injury accident attorney specialists represent clients in a number of areas of Massachusetts law, including Massachusetts property and real estate law; Massachusetts criminal defense and criminal cases; Massachusetts trusts and estates; Massachusetts family law; Massachusetts tenant issues; Massachusetts motor vehicle offenses; Massachusetts commercial litigation; Massachusetts civil law; Massachusetts commercial law; Massachusetts civil rights; Massachusetts employee law; Massachusetts sexual harassment cases; Massachusetts sexual assault claims and litigation; Massachusetts labor law; Massachusetts worker’s compensation claims and other claims involving Massachusetts worker’s compensation benefits and wrongful death damages; and Massachusetts social security and disability claims.

Boston Personal Injury Attorney If you have suffered from Massachusetts personal injuries, please do not hesitate to contact one of our knowledgeable and highly skilled Boston personal injury Attorney professionals.

If you have any questions at all or other issues regarding your Massachusetts personal injury claim, your injuries or the amount of personal injury damages that you or your loved one may be entitled to under Massachusetts law, PLEASE CONTACT OUR BOSTON PERSONAL INJURY LAWYER ADVOCATES WITHOUT DELAY.
FREE CONSULTATION.

Our Boston Accident Lawyer Professionals and Boston, MA Wrongful Death Lawyer Advocates Can Be Reached 24 Hours Per Day, 7 Days Per Week.
YOUR NEEDS ARE OUR TOP PRIORITY!

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If you or someone you love has been injured or killed in a truck accident, you should contact our Boston, Boston truck accident injury attorney specialists to learn what types of relief you may be entitled to. we understand the pain, suffering, and frustration caused by your truck or other motor vehicle accident. We pride ourselves in providing each client with the care and attention they deserve. Our truck accident injury experts are waiting to take your Message 24/7. Our highly skilled team of lawyer experts has recovered millions of dollars for our injured Boston residents. Let us get started on your case today!

When you contact, you are getting more than just legal assistance. You can rest assured at night knowing that our Boston truck accident injury attorneys are working diligently and tirelessly on your case. Our advocates make the clients’ needs our top priority. Our attorneys work with you to ensure you’re comfortable with the procession of your case, and we strive to answer or return your Messages as promptly as possible. If our client is not satisfied with the outcome of the case, neither are we!

The trucking industry in the United States is thriving. There are a growing number of large trucks and tractor-trailers on American roadways each and every day. Although wonderful for the commercial trucking industry, this fact makes roadways more boston-truckaccident-lawyer.com dangerous for the millions of passenger vehicles that have to share the road with large, and sometimes lethal, trucks.

According to the United States Department of Transportation, there were 3,921 people killed and 104,000 people injured in crashes involving large trucks in last year alone. A total of 333,000 large trucks were involved in traffic accidents that same year. Because of the size and weight of large trucks and tractor-trailers, these trucks are more likely to be involved in fatal multiple-vehicle collisions when compared with cars, vans, and SUVs. If you’ve driven in Boston, you know that our highways and streets are full of truck traffic. Accidents can happen in the blink of an eye. When truck drivers negligently or recklessly cause traffic accidents, the results can be devastating. Due to the size and weight of most commercial trucks, truck accident victims and their families are often left to face life-altering injuries and even death.

Any number of factors may increase the likelihood of a truck accident. Aggressive driving, poorly maintained equipment , and a failure to allow for enough stopping distance are just some of the factors that increase truck accidents on Boston roadways. Another common risk is truck driver fatigue. Although there are federal regulations in place to prevent truck drivers from driving in excess of 11 hours, many truck drivers violate the regulations.

No matter what the cause, our lawyer experts will work tirelessly to collect evidence and build your case.

Our Boston truck accident lawyer specialists are available. Please do not delay! Contact our team today for a free and confidential consultation.

When you or a loved one has been injured in a truck accident caused by a truck driver’s negligence, the results can be devastating. Initially, your focus is on your pain and suffering caused by your physical injuries. Next, you worry about your damaged vehicle. Only later do you see the medical bills and realize what a significant financial burden is imposed on the victim of a car crash. It probably doesn’t seem fair, and you want justice. justice is what we strive for.

Pursuing a personal injury claim or wrongful death claim can be a complicated process. It requires the skill and experience of an expert Boston injury lawyer. It can be difficult to determine which party to sue. Insurance companies can make it even more confusing. The truck that injured you might be owned by different businesses, all of which might be liable to you for your injuries. It can also be difficult to sift through witness testimony and physical evidence. But what might be overwhelming to the average person is more than manageable for lawyers with many years of trial experience. We use our skill and experience to help clients put forward their best case.

Truck accidents can result in serious personal injuries and even death that can greatly disrupt the lives of the victims and their families. If you or someone you love has been injured in a Boston trucking accident, and you would like to learn more about your rights and potential damages, please contact, 24 hours a day, 7 days a week, to speak with an expert Boston truck accident attorney.

To find out what relief you are entitled to, contact our full-service Boston, MA law office today.

Your needs are our top priority!

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In the Unfortunate Event That You or Someone, You Love Has Suffered Serious Personal Injuries or a Wrongful Death In a Motor Vehicle Accident, Please Call Our Highly Skilled Boston Auto Accident Lawyer Experts. Our Massachusetts Car Accident Lawyers Are Available 24 Hours a Day, 7 Days a Week, fill contact form for a Free Consultation. You Can Also Send Our Boston Injury Lawyers an Email at [email protected].

Massachusetts Car Accident Lawyer The Massachusetts auto accident attorney advocates at our expert Boston car accident law office have many years of experience representing the innocent victims of car accidents and their families. Our injury lawyers are nationally known, respected and admired. Our auto accident lawyer professionals have recovered millions of dollars in money damages for our clients, and we take great pride in providing outstanding client service and achieving superlative results for those who have been injured. Our Boston lawyers will secure and defend your legal rights, and get justice for you with respect to your Massachusetts auto accident claim.

Our Boston car accident lawyers have been personally selected by Boston Attorney to represent our injured clients and their families because of the knowledge, skill, talent, determination and unquestionable expertise of our lawyers in handling and getting justice for our clients in complex Massachusetts car accident cases. Our Boston injury lawyer experts will never settle for second best. The Boston Globe has recognized a number of our attorneys, who are available to help you through referral agreements, as being among Boston’s Best Lawyers. Boston Magazine has also named our Boston, Massachusetts car accident lawyers as Massachusetts Super Lawyers and New England Super Lawyers. Our Massachusetts car accident attorneys have been recognized, as well, in the national publication, The Best Lawyers in America, for their outstanding client service and results. Our Boston attorneys have been representing car accidents victims for more than the past many years. We are experts in the area of personal injury law.

We are here to help you. If you or a loved one has been injured in a Massachusetts car accident, you should not have to worry about the handling of your legal claims, on top of enduring your physical and emotional pain and suffering. Not surprisingly, this can be a difficult and stressful time for you and your loved ones. Many victims injured in a Massachusetts car accident struggle to pay their mounting medical bills. The Massachusetts car accident attorneys at our full service Boston, MA law firm can help you recover the money necessary to pay for all of your medical expenses and lost wages. We endeavor to maximize the compensatory damages received by our Massachusetts car accident victim clients. Our Massachusetts motor vehicle accident attorneys will help you to recover medical expense damages, lost wages, pain and suffering damages, loss of consortium damages, money for your spouse’s loss of consortium and all other financial compensation to which you are entitled.

The personal injury lawyers at the Law Offices of BostonAttorneys are some of the most well known and respected car accident attorneys that the Commonwealth of Massachusetts has to offer. Our expert Boston car accident law office will work diligently to ensure that your Massachusetts auto accident claim is handled in the best possible fashion. Our Massachusetts car accident attorneys will work tirelessly to exceed your expectations with regards to your Massachusetts car accident claim. Along with providing top-notch legal services and achieving exceptional results, we highly value earning our client’s loyalty, trust and respect. We are dedicated to our clients, and it shows throughout the course of our representation of you. The Boston, Massachusetts auto accident lawyers at our Boston, Massachusetts law office should be the top choice to handle your Massachusetts auto accident claim. We have earned our clients, and their families, millions of dollars in personal injury damages and wrongful death damages with respect to their Massachusetts auto accident claims. Please contact us right away. We are available to assist you 24/7. Our Boston, MA car accident lawyers will be pleased to provide you with a free and confidential initial consultation for your Massachusetts auto accident case.

We will travel to you. One of our expert Massachusetts car accident lawyer professionals will be pleased to meet you at your home, the hospital or another location that is convenient for you, to discuss your Massachusetts auto accident claim. We never charge our Massachusetts personal injury accident clients any attorney’s fees or any costs unless and until we successfully and fully recover fair monetary compensation for your Massachusetts car accident claim. We are in this together. We do not get paid unless you get paid.

The Boston, MA Car Accident Lawyers at Our Boston, MA Personal Injury Law Firm Are Highly Trained Experts in Handling Massachusetts Motor Vehicle Accident Claims. Please Do Not Wait To Contact Our Massachusetts Car Accident Attorneys, 24 Hours a Day, 7 Days a Week. Your Needs Are Our Top Priority!

Massachusetts car accident victims may sustain a variety of personal injuries. Some Massachusetts motor vehicle accidents may result in minor injuries such as neck, back or other soft-tissue injuries. Unfortunately, many Massachusetts car accidents may result in incapacitating, life-altering and catastrophic injuries, such as broken bones or traumatic brain injuries. In the most tragic circumstances of a Massachusetts car accident, a friend or a loved one may even be the victim of a Massachusetts wrongful death. Our Massachusetts car accident attorneys have connections with the best medical experts and other professionals and will ensure that your personal injuries are fully and properly assessed. An accurate assessment of your injuries at the initial stage of your claim is extremely important in order for you and your family to receive full and just compensation.

Massachusetts Car Accident Lawyer The Boston, MA car accident lawyers at our full-service Boston, MA law firm are experts in proving that another driver’s negligence resulted in your car accident injuries. Negligence is legally defined as a failure to exercise reasonable care under the circumstances. Our expert Boston car accident law office has over many years of experience in successfully proving that another individual’s negligence resulted in the motor vehicle accident and the accompanying personal injuries. Our Massachusetts car accident attorneys will skillfully gather and retain all of the evidence and witness testimony necessary in order to prove the negligence of the culpable individual or entity. Our Massachusetts motor vehicle accident attorneys will also communicate with any involved state or local police on your behalf, as well as all of the parties’ insurance companies.

Many clients want to know what their case is worth. Our Boston, MA car accident lawyer specialists have successfully earned millions of dollars in personal injury damages with respect to Massachusetts car accidents. Determining the value of your case at the outset, however, is complicated for a multiplicity of reasons. It is usually impossible to accurately calculate a case’s precise value at the beginning of the case. One of the reasons is that the involved insurance companies often dispute that their insured is responsible for your injuries. Insurance companies also often maintain that their insured is only partially responsible for your injuries. Another criterion in determining the monetary value of the injuries suffered in your Massachusetts car accident case is that the amount of insurance coverage or assets available to satisfy a judgement is generally unknown until the case is well along. This information is critical in valuing a case because, for example, sometimes a case can be worth a large amount of money in terms of the severity of the personal injuries that were suffered, but there is only a limited amount of insurance coverage or assets available to pay for your damages. But you also should know, and be aware, that even if you believe that there is only a small amount or no insurance coverage or assets available to compensate you, you should still contact our lawyers right away for help. This is because there are often ways of finding additional insurance coverage to compensate you, such as through the state or the assets of another entity.

It is important that you are also aware of the statute of limitations in Massachusetts, which limits the amount of time that an individual injured in a Massachusetts car accident has to file a Massachusetts auto accident claim. Our expert Massachusetts auto accident attorney advocates at the Boston, MA Law Offices of Boston will make sure that you file your case within the applicable statute of limitations so that you can fully recover the damages suffered from your Massachusetts auto crash. We will protect the interests of our injured Massachusetts car accident victim clients and their families and make sure that they are adequately and justly compensated. If you or someone that you love has been injured or killed in a Massachusetts car accident, do not wait to contact our Boston car accident lawyers or Boston accidental death attorney advocates, 24 hours a day, 7 days a week, or send us an email at [email protected]

Our Boston, MA car accident lawyers offer a free and confidential initial consultation with respect to your Massachusetts car accident case. Our Boston car accident lawyer experts deliver excellent legal representation and outstanding client service. We never neglect our Massachusetts clients; we immediately return our clients’ messages and will always copy our clients on any correspondence regarding their cases. Our Boston, MA car accident lawyers will not seek or get any attorney’s fees or expenses until we are first successful in recovering your full and fair personal injury damages. Our Boston, Massachusetts car accident law office will not stop fighting for a client’s needs until our client has received the full and fair compensation they deserve and are fully satisfied with the outcome of their case.

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Do you need a Dallas asbestos lawyer?

Exposure to asbestos significantly increases the risk of contracting several diseases. These include:

  • asbestosis – a disease characterized by scarring of the alveolar regions of the lungs;
  • lung cancer – for which asbestos is one of the leading causes among nonsmokers, and which occurs at dramatically high rates among asbestos-exposed smokers
  • malignant mesothelioma – a cancer of the tissue lining the chest or abdomen for which asbestos and similar fibers are the only known cause; and
  • nonmalignant pleural disease which can appear as a painful accumulation of bloody fluid surrounding the lungs, but which more commonly is seen as thick and sometimes constricting scarring of the tissue surrounding the lungs.

In addition, asbestos exposure is associated with excess mortality due to cancer of the larynx and cancer of the gastrointestinal tract. The malignant diseases, the cancers including mesothelioma, are often fatal within a year or a few years of initial diagnosis. In contrast, asbestosis deaths typically occur only after many years of suffering from impaired breathing.

If you have been exposed to asbestos, seek medical and legal help immediately.

Asbestos Information

(From National Institute on Safety and Health – NIOSH)

What is Asbestos?
Asbestos is defined in Federal regulations as the minerals chrysotile, crocidolite, amosite, tremolite asbestos, actinolite asbestos, and anthophyllite asbestos. These six minerals are regulated by the Occupational Safety and Health Administration (OSHA), the Mine Safety and Health Administration (MSHA) and the Environmental Protection Agency (EPA). Five of the six asbestos minerals were used commercially (actinolite asbestos was not) and, as a consequence, it has been possible to observe and characterize their adverse health effects on humans.

Asbestos-Related Diseases
Exposure to asbestos significantly increases the risk of contracting several diseases. These include: 1) asbestosis – a disease characterized by scarring of the alveolar regions of the lungs; 2) lung cancer – for which asbestos is one of the leading causes among nonsmokers, and which occurs at dramatically high rates among asbestos-exposed smokers; 3) malignant mesothelioma – a cancer of the tissue lining the chest or abdomen for which asbestos and similar fibers are the only known cause; and 4) nonmalignant pleural disease – which can appear as a painful accumulation of bloody fluid surrounding the lungs, but which more commonly is seen as thick and sometimes constricting scarring of the tissue surrounding the lungs. In addition, asbestos exposure is associated with excess mortality due to cancer of the larynx and cancer of the gastrointestinal tract. The malignant diseases – the cancers including mesothelioma – are often fatal within a year or a few years of initial diagnosis. In contrast, asbestosis deaths typically occur only after many years of suffering from impaired breathing.

It is not known exactly how asbestos fibers cause disease. What is known is that the fibers, too fine to be seen by the human eye, can become airborne during various industrial processes or from handling asbestos-containing materials. These microscopic fibers can be inhaled and/or swallowed. As much as 50 percent or more of inhaled asbestos fibers remain lodged in the lungs, where it is almost impossible for the body to dispose of them. Asbestos fibers are extremely resistant to destruction in body fluids, and many of these fibers are too long to be engulfed and removed by the cells that normally scavenge and remove particles that happen to deposit in the lungs. Generally, as the burden of retained fibers increases in the body, so does the likelihood of the diseases mentioned previously. Most asbestos-related diseases, particularly the malignant ones, have long latency periods often extending 10-40 years from initial exposure to onset of illness. While asbestos-related lung cancer and mesothelioma are frequently not curable, they and other asbestos-related diseases are clearly preventable by eliminating or limiting exposures to asbestos. The amount and duration of exposure are factors which can determine the risk of adverse health effects.

Exposure to Asbestos in the Workplace
Workplace exposure to asbestos remains a serious occupational health problem in the United States, with both vast numbers of workers at risk due to past occupational exposures and many other workers experiencing ongoing occupational exposures. Since the beginning of World War II, as many as eight million workers have been exposed to asbestos. Although the number of newly exposed workers has declined sharply since the development of regulatory standards in the 1970s, there are still substantial numbers of workers with continuing exposure. In 1991, NIOSH estimated that nearly 700,000 workers in general industry remained potentially exposed to asbestos, but that estimate did not include mining, railroad work, agriculture, and several other industry sectors.

The U.S. Geological Survey reports that asbestos continues to be imported for use in friction products (e.g., brakes and clutches), roofing products, gaskets, and thermal insulation. Construction workers involved in the renovation or demolition of buildings that contain asbestos are at particular risk of asbestos exposure. Many workers in the relatively new asbestos removal industry are potentially exposed, relying on personal protective equipment and other methods for limiting inhalation of asbestos fibers. Industrial maintenance personnel are also at risk when they repair equipment, sometimes in enclosed spaces, that is insulated with asbestos-containing material, as are automotive service personnel involved in brake and clutch repair work.

In addition, “take-home” exposures – involving family members of workers who bring asbestos home on their hair, clothing, or shoes – is also a well-recognized hazard and was addressed in a 1995 NIOSH report to Congress.

Because of the hazardous nature of asbestos, approaches to consider for control of exposure include the substitution of less hazardous materials and the labeling of all asbestos-containing materials so that required exposure controls can be implemented.

Ongoing Research Into Asbestos Exposure
NIOSH currently is assessing workers’ asbestos fiber exposure at selected horticultural operations that are using vermiculite, and at operations that expand vermiculite ore. Most of the vermiculite now being produced for domestic use is obtained from one of four mines, three of them domestic and one located in South Africa. NIOSH will complete asbestos exposure assessments at two expansion plants for each ore supplier, along with a number of horticultural sites. We expect the field study to conclude by the end of calendar year 2001. At present, field sampling has been completed at four expansion plants and three horticultural operations.

Options under consideration for future research activities include identifying and characterizing other downstream uses of fiber-contaminated vermiculite that have not been previously recognized.

Tracking of Work-Related Asbestosis Deaths
NIOSH, using data from death certificates, has been tracking asbestosis mortality in the United States. Deaths associated with asbestosis increased from fewer than 100 annually in 1968 to more than 1200 per year in 1998, the most recent year for which final national data are available. In approximately one-third of these deaths, asbestosis was reported as the underlying, or main, cause of death, a proportion that has not changed appreciably over time. In the other two thirds of deaths, asbestosis was reported to have contributed but not caused the death. Death certificate data indicate that workers in the “ship and boat building and repairing” industry and “insulation workers” appear to have experienced the greatest risk of asbestosis. It also shows, however, that elevated asbestosis mortality is associated with a wide-ranging variety of other occupations and industry sectors.

Among the occupations with significantly elevated asbestosis mortality are: insulation workers; plumbers; sheet metal workers; plasterers; heating/air-conditioning/refrigeration mechanics; electricians; welders; chemical technicians; mechanics and repairers; stevedores; masons; furnace and kiln operators; painters; construction workers; and janitors and cleaners. Please note that the fact that an occupation (or industry sector) has “significantly elevated asbestosis mortality” does not mean that all workers in the occupation or industry sector are exposed to asbestos.

The other industry sectors with significantly elevated asbestosis mortality include, but are not limited to: nonmetallic mineral products; construction materials and industrial chemicals; petroleum refining; tires and other rubber products; aluminum production, hardware, plumbing, and heating supplies; construction; electric power generation; railroads; glass products; building material retailing; paper manufacturing; and steelmaking.

Asbestosis mortality is a delayed phenomenon which reflects exposures that typically occurred decades earlier. To better describe more recent exposures, NIOSH recently prepared and published a summary of data describing the results of asbestos samples collected and reported by OSHA and MSHA inspectors in their agencies’ centralized data systems. Over the decade-long period from 1987 to 1996, Federal occupational safety and health inspectors reported an average of about 600 air samples for asbestos each year, although the annual number of reported samples declined by about 50% for each agency during that decade. (Not all collected samples are reported into the centralized data systems.) In the construction industry, nearly 7% of the samples indicated asbestos fiber concentrations exceeding the applicable OSHA or MSHA permissible exposure limit (PEL), and the average asbestos fiber concentration of all samples was about one-half the PEL. In the industry classified as “miscellaneous nonmetallic mineral and stone products,” (which includes sites regulated by OSHA and MSHA) over 30% of asbestos samples exceeded the exposure limit (either OSHA’s or MSHA’s, as applicable) and the asbestos fiber concentrations averaged nearly twice the relevant PEL. In the “motor vehicles and motor vehicle equipment” industry, 10% of asbestos fiber samples exceeded the PEL and the asbestos fiber concentrations averaged more than twice the PEL. While asbestos exposure concentrations generally decreased in the more recent years of that ten-year period, and although fewer samples were being collected, samples continued to exceed the PEL in all three of those industry sectors. Federal inspectors detected asbestos in other settings, as well, ranging from textile operations to schools.

The Definition of Asbestos
In 1990 testimony before OSHA, NIOSH broadened its science-based definition of “asbestos” as a result of concerns about the microscopic identification of the six regulated asbestos minerals. The six minerals can also occur in a non-fibrous (so-called “massive”) form. The non-fibrous mineral forms of the six asbestos minerals can be found geologically in the same ore deposits in which the fibrous asbestos minerals occur or in deposits where other commercially exploited minerals are mined (e.g., industrial grade talc). “Cleavage fragments” can be generated from the non-fibrous forms of the asbestos minerals during their handling, crushing, or processing, and these “cleavage fragments” are often microscopically indistinguishable from typical asbestos fibers of the (fibrous) minerals.

The elemental composition of the six asbestos minerals can vary slightly as a result of geological conditions such as pressure, temperature, or proximity of other minerals. Recognizing these variations in elemental composition, NIOSH believes that the six asbestos minerals can be defined by their “solid-solution” mineral series. For example, the mineral series tremolite-ferroactinolite contains the asbestos mineral actinolite. These mineral series are considered solid-solutions in which cations (i.e., sodium, calcium, magnesium, iron, etc.) are replaced by other cations which can affect the elemental composition of the mineral without significantly altering the structure.

NIOSH bases this expanded “asbestos” definition – encompassing the entire solid-solution mineral series for each of the six currently regulated asbestos minerals and including cleavage fragments from the non-fibrous forms of these minerals – on scientific evidence from cellular and animal studies suggesting that dimension, specifically length and diameter, as well as durability, may be more critical factors in causing disease than chemical or elemental composition.

Challenges to Preventing Asbestos Exposure: Areas of Possible Additional Research
There are other fibrous minerals that technically do not fall within either the current regulatory or the NIOSH definition of asbestos, even though fiber shape, size, and durability indicate their potential to induce health effects similar to those of the six regulated asbestos minerals. The inclusion of only six specified fibers within the asbestos regulations may create a false sense of security that those mineral fibers that are not included are without risk. Clearly, other fibers may act in the same way as the regulated fibers and pose significant health risk, and mixtures of fibers may be lethal as well.

Based on epidemiological studies, it is clear that occupational exposure to mineral fibers that contaminate vermiculite from Libby, Montana, caused high rates of asbestos-related diseases among exposed workers. The fibers that contaminate vermiculite from Libby include tremolite, one of the minerals within the definition of asbestos as currently regulated. Some evidence indicates that only 10 to 20% of the fibrous mineral content of the Libby vermiculite was tremolite. A much higher proportion – 80 to 90 percent – of the fiber contaminant in this vermiculite has been characterized as several other similar fibers that are not currently regulated as asbestos, such as richterite and winchite.

Another example of a mineral that can produce asbestos-related diseases but is neither regulated as asbestos nor classified as asbestos under NIOSH’s current scientific definition, is erionite. Erionite is a known human carcinogen, and environmental exposures outside the U.S. have been associated with an increased risk of malignant mesothelioma and lung cancer. (We are unaware of any occupational exposure to erionite in the U.S.)

Additional research possibilities which may be considered include efforts to better determine physical and/or chemical characteristics affecting toxicity of these naturally occurring mineral fibers as well as durable manufactured fibers. Direct evidence by which to attribute particular health effects to each possible fiber type is not currently available; obtaining such evidence is another area under consideration for future research. Epidemiological studies of people exposed to naturally occurring or manufactured fibers would provide important new information and are also under consideration for future research, along with animal toxicologic studies to help supply needed information if epidemiologic studies are not feasible.

In addition, further research is under consideration in the areas of exposure measurement and analysis of fibers. Although asbestos is comprised of fibers of many diameters and lengths, risk assessments and exposure assessments are based on air concentrations of fibers detectable by a technique called phase contrast microscopy. This method leaves an undetermined number of asbestos fibers in each sample uncounted because they are too thin for detection. Because of this measurement bias, asbestos exposure risks are currently based only on fibers large enough to be detected. More sensitive methods are currently available, but these methods could benefit from better standardization. Additional work to improve and standardize the methods for asbestos fiber measurement is being considered because it would help advance prevention and control efforts to protect exposed workers.

Conclusion
In summary, we know much about the adverse health effects caused by the inhalation of asbestos fibers. Many exposures or potential exposures have been identified, and appropriate precautions are used when workers are handling or working around these materials. Increased understanding of the health effects of fibrous minerals that fall just outside the existing definitions of asbestos will help us find ways to provide appropriate protection for workers exposed to those materials. Further identification and tracking of potential exposures to fiber-contaminated vermiculite and other contaminated materials that may be identified will help us assure that no one is unknowingly exposed to these materials. While information is being gathered, public health prudence guides us to reduce known exposures to these potentially hazardous fibrous minerals.

(From OSHA)
Exposure Routes: inhalation, ingestion, skin and/or eye contact

Symptoms: Asbestosis (chronic exposure): dyspnea (breathing difficulty), interstitial fibrosis, restricted pulmonary function, finger clubbing; irritation eyes; [potential occupational carcinogen]

Links to more information on Asbestos:

Centers for Disease Control

National Institute for Occupational Safety and Health

Occupational Safety & Health Administration

==================

Dallas Brain Injury and Dallas Head Injury Information
This information is not intended as legal or medical aid, if you have suffered an injury, please get medical attention and consult an attorney.

A blow or jolt to the head can result in a traumatic brain injury (TBI), which can disrupt the normal function of the brain. The severity of the injury may range from mild, a brief change in mental status or consciousness, to severe, an extended period of unconsciousness (30 minutes or more), prolonged amnesia after the injury, or a penetrating skull injury. Any TBI can result in short- and long-term disabilities (CDC unpublished). Read more about Traumatic Brain Injury in the NCIPC Injury Fact Book, 2001-2002.

According to the Centers for Disease Control (CDC), Brain injuries are among the most likely types of injury to cause death or permanent disability, and according to the National Institute for Occupational Safety and Health (NIOSH), Acute trauma at work remains a leading cause of death and disability among U.S. workers. Furthermore, a review of Texas death certificates for 1982 identified 710 deaths associated with occupational injuries.

During the period from 1980 through 1995, at least 93,338 workers in the U.S. died as a result of trauma suffered on the job, for an average of about 16 deaths per day (NIOSH). The Bureau of Labor Statistics (Department of Labor) Census of Fatal Occupational Injuries (CFOI) has identified 5,915 workplace deaths from acute traumatic injury in 2000. BLS also estimates that 5.7 million injuries to workers occurred in 1997 alone; while NIOSH estimates that about 3.6 million occupational injuries were serious enough to be treated in hospital emergency rooms in 1998.

Top Traumatic Injuries

Traumatic Occupational Injury Topic Page

NASD: Fatal Occupational Injuries

Traumatic Occupational Injury Template/NIOSH/Topic Page

Disability Outcomes and Prevention – NCIPC
Summary: Traffic crashes, violence, and falls are the leading causes of traumatic brain and spinal cord injuries, which are two of the most severe disabling injury conditions. How many people sustain traumatic brain injury each year?

Perspectives in Disease Prevention and Health Promotion Fatal Occupational Injuries — Texas, 1982

NIOSH: Texas Profile
NIOSH/State Profile ’98/Texas
Summary: The National Institute for Occupational Safety and Health (NIOSH) is the only Federal agency that conducts research, trains professionals, and develops innovative solutions to occupational safety and health problems.

CDC Injury Research Agenda – Acute Care, Disability, and Rehabilitation

Publications and Resources – Spine/Spinal Cord Injuries

NASD: Farm and Ranch Injuries in West Texas

FACE program – State of Texas
The FACE program concentrates on investigations of fatal occupational injuries. Reports of fatal occupational injuries in Texas.

eLCOSH – The Electronic Library of Construction Occupational Safety and Health

eLCOSH : Worker’s Comp in Texas

Census of Fatal Occupational Injuries (CFOI)

The Center to Protect Workers’ Rights
CPWR’s main focus is to develop practical ways to improve safety and health for construction workers and their families.

National Resource Center for OSHA Training

Building and Construction Trades Department

www.aflcio.org/safety
(Workers’ compensation) Sections on (U.S.) death and disability benefits, by state.; links to state and other organization sites providing workers’ compensation/information for injured workers.

www.buildsafe.org
Labor-management organization provides listing of bilingual trainers (English, Spanish, and/or Portuguese), hazard alert bulletins, and a focus on power line hazards and airport construction safety.

Department of Energy
Includes Federal Employee Occupational Safety and Health Handbook, DOE Hoisting and Rigging standard and handbooks on Electrical Safety and Process Safety Management for Highly Hazardous Chemicals.

http://www.gwu.edu/~crsph/projects/construct.html.
Information on post-1989 surveillance of emergency-room visits and back issues of newsletter, On the Job, with issues (in English and Spanish) focusing on carbon monoxide, silica, and eye, back, and foot injuries

==========================

What should be done while filing injury claims?

Injury claims are becoming very common these days. Accidents can happen anywhere. Injury claims can be filed by people who have suffered injuries as a result of road traffic accidents, accidents at the workplace like slips and trips and industrial diseases, cycling accidents, marine accidents while traveling on a ferry or a pleasure boat, accidents at home due to the usage of defective products and medical negligence. Suing for medical and dental negligence is becoming more common these days.

Injury claims can be filed directly against the insurance companies or the help of a good personal injury attorney can be sought. People who have suffered injuries as a result of accidents must initiate the claims procedure before the expiry of three years from the date of the accident. Claims filed three years after the accident are not valid. Settlements cannot be claimed in such cases. In case of marine accidents, the claim has to be filed before the completion of two years from the date of the accident.

The most important point one must remember to follow in a workplace accidentis that the entry should be made in the accident book. In case you are not in a fit state due to pain or you are confused tell your colleague to make the entry accurately in the accident book. In case your workplace doesn’t have an Accident Book, a written statement of what had happened can be made with date, witnesses, address of the witnesses with their signatures can be made ready. If the accident is serious, the other employees should ensure that the Health and Safety Executive is aware of such an accident. After that, go and see a doctor and ensure that it is in the hospital records also.

Occupational Disease Claims refers to the injuries which are complex in medical and scientific issues. Deafness, asbestos related diseases, asthma, any lung infection or bronchitis come under these injuries and you can file a claim for compensation for these occupational diseases.

It is the responsibility of employers to provide a safe working environment for their employees. When they fail to do so and accidents take place at work, they are liable to settle the injury claims filed by the affected employees. Most of the countries have laws that make it mandatory for employers to provide certain facilities and make sure that a certain level of safety is maintained at the workplace.

Injury claims for injuries sustained in automobile accidents are the most common form of claims for compensation. Whiplash injury is the most common injury sustained by people who are involved in road traffic accidents. It occurs due to the acceleration and deceleration movements of the automobile. It occurs when a vehicle hits the rear end of another vehicle. Injured parties can claim for whiplash when the accident is not their fault.

While filing injury claims, it is important to collect all the documentary evidence required and consult a good personal injury attorney or a law firm whose specialty is personal injuries. Insurance companies try to avoid paying out claims for compensation as much as possible. In order to get a fair deal while claiming compensation, it is better to take the help of a good personal injury attorney.

Get yourself a good accident lawyer or make sure that you research the net and know everything about injury claims before filing for a compensation.

=====================

In spite of obeying the rules, focusing on other drivers, being cautious of surroundings and driving safely, people often meet with truck accidents. Truck drivers often meet with an accident not only because of their own negligence but of others. An accident can result in people losing a lot of money, which in further make them incurring an overwhelming debt. Outstanding debt often takes a toll on both your health and finances, so it essential to waive off the obligation and resolve the matter as soon as possible. Hire the services of a Texas truck accident lawyer who can help you resolve the accident legal procedure and pay off the debt through a debt management program.

When you are involved in a personal injury or wrongful death claim, it is wise to have an attentive, responsive and compassionate attorney. A truck accident injury attorney primarily focuses on both your recovery and complicated legal procedure. They work with you to understand your fiscal position, your injury, losses, and the legal matter. Then they negotiate with the party at fault and represent you in court if you are unable to reach an out-of-court statement.

But before you begin the process of hiring an attorney, make sure that the attorney is well qualified and has experience in handling these cases. Shop around well to find a legitimate attorney. Contact at least more the two lenders and compare the services offered in order to choose the best one for you.

You may also ask your friends or family members for recommendation. If you know someone who has already worked with the attorney ask for their suggestions and advice. Also, go to a website Attorneys.com that offers a list of truck accident lawyers in your area.

Fix an appointment

Before you hire the services of an attorney, you may want to have a personal consultation or meeting. So fix an appointment with the attorney where you can explain your hardship and interview him to decide whether he or she is capable to handle your case.

However, you also need to do some homework prior to the meeting. Make a detail note of your case and accumulate all the necessary paperwork, such as a copy of the accident report and medical bills.

During the meeting 

The attorney may ask for some paperwork or documents, so carry all the notes, questions and paperwork to the meeting. During the meeting, pay attention to what the attorney says in order to understand whether he at all is interested in dealing with your case.

While hiring the one, do not only look into whether the attorney is knowledge, but also look into whether you feel comfortable working with the attorney.

In conclusion, if you have met with a truck accident in Texas, hire the services of a Texas truck accident lawyer who will help you deal with the legal matter. A Texas truck accident attorney helps you resolve your legal matter as well as the obligation. But before hiring one, be careful and cautious.

This is a guest post by Christina Jones, a writer & editor associated with Oak View Law Group. She has also been contributing to many personal finance blogs as a guest columnist since long.


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The sooner your COLORADO car accident lawyer is brought into the matter, the better they will be able to advise you and protect your rights. Your lawyer will obtain statements from the witnesses while their memories are fresh, and do many other things to insure that the true facts are preserved. If you are being charged with drunk driving or with a criminal act based on the car accident, you will need a COLORADO car accident lawyer to defend you in Court.

If someone sues you for liability or damages resulting from a car accident, you should contact your insurance company and your car accident lawyer in COLORADO immediately. Generally, your insurance company will assign a lawyer to handle your case. If you are sued for more money than your auto insurance policy covers, or if your insurance company says that it will not cover everything, you may also need your own COLORADO car accident lawyer.

If the other driver was at fault and would like to file a car accident lawsuit for compensation you should speak with your lawyer as soon as possible. This compensation may be for personal injuries, car damage, or other expenses such as lost wages or pain and suffering. If you intend to file a COLORADO car accident lawsuit, it is imperative to not delay with filing. There are time limits for each type of claim, which may be up to one year from the accident date, and may also be quite shorter.

While the information presented on this website is accurate on the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a local COLORADO car accident lawyer.

If you or a loved one feel you have a car accident lawsuit, you need to speak with an experienced COLORADO car accident lawyer as soon as posisble. You probably have alot of questions, and chances are you may be afraid of what may happen. Good COLORADO car accident lawyers
in your area can help relieve this anxiety and stress. An experienced and winning car accident lawyer in COLORADO can evaluate your case, offer protection for you and your ideas,
and evaluate the chances your case has at succeeding. The fact is, you won’t know until you speak with a COLORADO car accident lawyer.

We currently have no listings of Car Accident lawyers in COLORADO. Please the listings see the results below for more information.

COLORADO Car Accident News

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Web Results for COLORADO Car Accident Lawyers

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …

Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 Colorado Car Accident Lawyers: Attorneys for Auto Crashes, Injury …
Colorado Car Accident Lawyers Car accidents can happen anywhere at any time in Colorado. … Selecting an attorney for legal cases is a very important decision. Please enter your …

 caraccidentcolorado
… the case especially when you are involved in a Motor Vehicle Accident … Colorado Springs, CO 80915 Office: (719) 574-6162 Fax: (719) 574-0241

========================

  • What is medical malpractice?

    Medical malpractice, also known as medical negligence, occurs when doctors, nurses, hospitals or other health care providers cause injury or death to a patient by failing to meet the accepted “standard of care.” “Standard of care” refers to how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances.

    Medical malpractice can apply to misdiagnosis, surgical mistakes and negligence. The most common scenarios that result in a case of medical malpractice include:

    Mishandling of patient records

    Misread x-ray, CT scan, or other test result

    Failure to properly diagnose a condition in a timely fashion

    Failure to promptly respond to patient symptoms

    Surgical errors

    Medication errors

    Failure to prevent injury

    Unfortunately, medical negligence occurs all too frequently across the US and Illinois, harming families in Lake County, Chicago, Waukegan, and across the state.

    If you or a loved one has suffered from a medical error, a medical malpractice attorney can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • How do I know if I have a medical malpractice case?

    Far too often, doctors and other medical providers fail or refuse to answer legitimate questions from a patient or the patient’s family about what went wrong with a procedure, medication or diagnosis. One of the best ways to get the answers you are entitled to is to consult a law firm experienced in medical care and procedures. There are many different indicators of medical malpractice, but one of the most common is a dramatically different or unexpected result of medical treatment. One major warning sign can be the medical provider failing to provide a good explanation when the patient’s condition worsens.

    Medical malpractice claims are very complicated to prove – whether you immediately suspect an error due to an obvious indicator, or you are just trying to determine if anyone is at fault.

    All medical records must be reviewed, healthcare professionals and medical witnesses consulted, and sometimes follow-up medical exams/tests are necessary. Any statutes of limitations, caps/limits set by state and federal laws, and the severity of the injury are also considered. Because medical malpractice claims are so complex, you should consult an experienced attorney to determine whether your specific situation merits legal action. You have a right to have your medical questions answered.

  • What should I do if I suspect that malpractice has occurred?

    First if the treatment is ongoing, consider requesting a transfer to another hospital or physician to secure quality medical treatment. Avoid accusing or insulting the health care providers. Request your medical records and have them reviewed by an expert. Document everything. Most importantly, consult an experienced medical malpractice attorney who can help review your medical records, explain the legal process, and advise whether your situation has legal merit.

  • If I have been misdiagnosed is that considered malpractice?

    Not necessarily – medicine is not an exact science, and an honest mistake is not against the law. However, a misdiagnosis may be considered malpractice if your doctor neglects to:

    Get a medical history;

    Recognize the symptoms of an illness;

    Order all appropriate tests for your symptoms; or

    Properly read, or fully take into account test results.

    Some of the medical conditions that are most often misdiagnosed include cancer, fetal distress, heart attacks, pulmonary embolism, and meningitis in a young child.

    Remember that although a misdiagnosis can be very upsetting unless it has caused injury or physical harm, a medical malpractice suit would have no legal merit.

  • Is there a statute of limitations for filing a medical malpractice lawsuit?

    The statute of limitations for a medical malpractice lawsuit varies from state to state and normally ranges from 1 year to 7 years. There are also special statutes of limitation that apply to federal, state and local governments and their agencies. Because of these specialized statutes, you should contact an experienced malpractice attorney as soon as you suspect medical malpractice in order to protect your rights.

  • Will I need an expert to prove that I was injured by medical malpractice?

    An expert medical witness is almost always required because your attorney must prove what should or should not have been done in your particular case (to demonstrate “standard of care”). In order to establish that standard of care, a professional with the related education, experience and skill is consulted.

    Many medical malpractice lawsuits are won or lost based on the effectiveness of the expert medical witness. An experienced medical malpractice lawyer is familiar with and understands which medical witnesses are appropriate for specific types of medical situations.

  • If I signed a waiver or consent form, have I waived my rights?

    All medical treatment must be provided with the patient’s informed consent, except in cases of extreme emergency. Patients sign a general consent form upon hospital admission and a more specific consent form prior to an invasive procedure or operation. These forms indicate that the doctor has fully explained the medical problem, treatment and risks to the patient and that the patient had an opportunity to ask questions. However, if a doctor fails to provide the appropriate standard of care, a signed consent form does not waive a patient’s right to bring a medical malpractice claim.

  • Can I find out if my doctor has had any medical malpractice claims?

    Unless your doctor has been disciplined by your state’s licensing board, you may not be able to find out about any medical malpractice claims. Some states have created an online database with medical malpractice information for the public to access – but not all states have this resource.

    If you want to find out if a physician has any malpractice suits or complaints on file, contact the state medical board for more information. Keep in mind, however, that states vary and some medical boards cannot release this information to the public. For a listing of state licensing boards, visit the Federation of State Medical Boards’ main web site: www.fsmb.org and select the “State Medical Board Info” link.

    You can also consult these additional resources: http://www.fsmb.org/directory_smb.htmlhttp://www.fsmb.org/smb_overview.htmlhttp://www.ahrq.gov

  • Can I get a copy of my medical records?

    Patients have a legal right to obtain copies of their medical records. Typically you just need to submit a written request to the medical facility where you received treatment. This request will include your name, your social security number, your date of birth and any applicable patient numbers. Start by contacting the medical facility and asking if they have a request form and to whose attention you should send the completed request. Note there is often a per-page copy charge for your records.

  • What type of settlement can I expect if I have been a victim of medical malpractice?

    Damages for medical malpractice vary depending on the individual, the injury and circumstances. There are also laws that limit total compensation amounts depending on the injury. Compensation may cover medical bills, pain & suffering, lost wages, lost earning potential in the case of permanent disability or wrongful death, lifetime care benefits, and other expenses that result from the malpractice.

    There are many factors that affect a settlement/compensation amount – an experienced medical malpractice lawyer can determine the amount of compensation you are entitled to and help protect your interests in a malpractice claim.

  • My child has been diagnosed with cerebral palsy, and I want to know if that was caused during the labor and delivery process?

    There are many causes of cerebral palsy other than medical negligence. Nonetheless, it is well documented in the medical literature that a significant number of children are born each year with brain damage resulting in cerebral palsy and other types of brain damage directly caused by medical negligence during pregnancy and during the labor and delivery process.

    One of the most common types of this medical negligence is the failure by the nursing staff, medical residents and obstetricians to monitor the baby’s fetal heart status during labor. In almost every labor, your baby’s heart status will be monitored with an external or internal fetal heart monitor. This monitor prints out data that allows the medical care provider to suspect or know that your baby may not be tolerating the stresses of labor, and so delivery by c-section is needed. Unfortunately, it is too often demonstrated that nurses, residents, and even some doctors are either incompetent or do not take the time to properly interpret the fetal heart monitor data. This can result in the profound tragedy of infant brain damage which could have been completely avoided.

    Other medical errors that can lead to bleeding in the baby’s brain, oxygen deprivation to the baby’s brain, or other brain damage to the baby include the misuse of the drug Pitocin during the labor process, the misuse of forceps or a vacuum extractor during delivery, and a failure to recognize that the labor process is simply taking too long.

    Often the specific diagnosis of cerebral palsy is not made until a number of years after birth. Parents recognize that their child is not meeting the usual milestones for physical or mental development, but they do not get satisfactory answers from their pediatrician regarding the cause of this delay or whether the delay is related to something that occurred during pregnancy or the birth process. An experienced medical malpractice attorney can help determine whether these delays are due to birth injury or medical negligence.

    Unfortunately, there is too often a lack of communication between the labor and delivery nurses and the obstetrician. Sometimes the obstetrician is simply too busy with other matters to be in attendance during the critical times of the labor. Other times the obstetrician may inappropriately rely upon residents who do not have the same experience and knowledge as the obstetrician. Often a parent can sense that something is going wrong even when none of the medical care providers are being candid about what might have occurred. Labor and delivery is a stressful and complex time for your baby. Unfortunately, things can go wrong which have absolutely nothing to do with medical negligence. But if you have a suspicion that may have occurred which resulted in damage to your baby, you have an absolute right to have the issues investigated. The best way to get your questions answered is to use an experienced medical malpractice attorney to conduct an outside/independent expert review of the record.

  • Our daughter has really not used her right hand or arm since she was born. Our pediatrician tells us that this should go away with time, but we are becoming more and more concerned. Was this result of medical negligence, and can we do anything about it?

    What you are describing sounds like an injury to the brachial plexus nerves in your child’s arm. A stretching or avulsion of these brachial plexus nerves is often caused by what is known as shoulder dystocia at the time of delivery. This is where your child’s shoulder does not deliver spontaneously after the head is delivered. This can result in an Erb’s palsy or a Klumpke’s palsy to your child’s arm which can limit not only the use of the arm, hand and fingers; but can also result in a shortening or other deformity of the arm as your child grows. While your pediatrician is correct that most of these injuries will correct themselves during the first year or so of life, it is very important that your child receive expert diagnosis and therapy early in life to maximize the chances for recovery. In the past few years, specialized surgical procedures in specialty centers around the country have also been developed to help with recovery.

    Shoulder dystocia is a recognized complication that all obstetricians and labor and delivery nurses are or should be aware of. Sometimes dystocia can be anticipated and an injury avoided. For example, it has been established in the medical literature that mothers suffering from gestational diabetes, shoulder dystocia in a prior pregnancy, or other risk factors have a higher incidence of shoulder dystocia. When this is recognized and treated by such things as maternal diet, ultrasonic monitoring of the fetal growth, an elective c-section delivery, injury to the baby can be avoided.

    When shoulder dystocia is encountered, labor and delivery nurses, as well as obstetricians, should be fully trained in the maneuvers that can be employed to safely deliver the baby. Unfortunately, in this day and age, the delivering physician is often someone who the mother has never met during the prenatal care or even during most of the labor, and that physician is taken by surprise when dystocia occurs. This can sometimes result in excessive being used to deliver the impacted shoulder resulting in an injury to the brachial plexus and a condition of Erb’s palsy or Klumpke’s palsy to the baby. Not surprisingly, parents often suspect or somehow know that something was just not right during the maneuvers and delivery following the shoulder dystocia.

  • My wife complained to her gynecologist for more than a year about excessive discharge and bleeding. Her gynecologist assured her that Pap smears were normal and that nothing else could be done. My wife has now been diagnosed with Stage IV ovarian cancer. Why didn’t the Pap smear show something, and what else could her gynecologist have done?

    Unfortunately, while there is no doubt that women of a certain age should be receiving regular Pap smears, the limitations of a Pap smear in diagnosing the early stages of cancer are well known in the medical community. It is for this reason that a gynecologist needs to pay close attention to the complaints and symptoms of a patient. In certain cases, a Pap smear is simply not sufficient to diagnose early cancerous changes, and a gynecologist could be responsible for failing to order further diagnostic tests.

  • I drove my husband to the Emergency Room with chest pain. We sat there for more than two hours before my husband was finally examined. By that time the chest pain had basically gone away, and my husband was simply told to follow up with his family doctor the following week. Unfortunately, my husband died from a heart attack before he could be seen, and our family doctor told us nothing could have been done to prevent the heart attack. Is this true?

    While it is true that every heart attack or stroke cannot be prevented even with the best medical care and treatment, your question can only be answered after an expert review of the medical record in this case. This would include a study of such things as your husband’s health history, the complaints he made in the ER, and the type of questions that were asked and tests that were run by the medical staff in the ER. The loss of a loved one is a difficult and tragic enough event without the added burden of wondering whether the loss could have been prevented by proper medical care. An evaluation by a qualified medical malpractice attorney and independent expert review should be able to answer that question one way or the other. If there was medical negligence, then appropriate action can be taken. If there was no negligence, you will at least be able to put that one concern to rest.

  • Traffic Ticket Content 11/22/21

    TRANSPORTATION CODE


    CHAPTER 708. DRIVER RESPONSIBILITY PROGRAM

    SUBCHAPTER A. GENERAL PROVISIONS
    § 708.001.  DEFINITIONS. In this chapter, “department” and “license” have the meanings assigned by Section 521.001.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.002.  RULES.  The department shall adopt and enforce rules to implement and enforce this chapter.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.003.  FINAL CONVICTIONS. For purposes of this chapter, a conviction for an offense to which this chapter applies is a final conviction, regardless of whether the sentence is probated.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.


    SUBCHAPTER B. DRIVER’S LICENSE POINTS SURCHARGE
    § 708.051.  NONAPPLICABILITY. This subchapter does not apply to:

    (1)  an offense committed before September 1, 2003;

    or

    (2)  an offense covered by Subchapter C.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.03, eff. Jan. 11, 2004.

    § 708.052.  ASSIGNMENT OF POINTS FOR CERTAINCONVICTIONS. 

    (a)  The driver’s license of a person accumulates a point under this subchapter as of the date the department records a conviction of the person under Section 521.042 or other applicable law.

    (b)  For each conviction arising out of a separate transaction, the department shall assign points to a person’s license as follows:

    (1)  two points for a moving violation of the traffic law of this state or another state that is not described by Subdivision (2);

    and

    (2)  three points for a moving violation of the traffic law of this state, another state, or a political subdivision of this or another state that resulted in an accident.

    (c)  The department by rule shall designate the offenses that constitute a moving violation of the traffic law under this section.

    (d)  Notwithstanding Subsection (b), the department may not assign points to a person’s driver’s license if the offense of which the person was convicted is the offense of speeding and the person was at the time of the offense driving less than 10 percent faster than the posted speed limit.  This subsection does not apply to an offense committed in a school crossing zone as defined by Section 541.302.

    (e)  Notwithstanding Subsection (b), the department may not assign points to a person’s license if the offense committed by the person was adjudicated under Article 45.051 or 45.0511, Code of Criminal Procedure.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.053.  ANNUAL SURCHARGE FOR POINTS. 

    Each year, the department shall assess a surcharge on the license of a person who has accumulated six or more points under this subchapter during the preceding 36-month period.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.054.  AMOUNT OF POINTS SURCHARGE. 

    The amount of a surcharge under this chapter is $100 for the first six points and $25 for each additional point.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.055.  NOTICE OF ASSIGNMENT OF FIFTH POINT.

    The department shall notify the holder of a driver’s license of the assignment of a fifth point on that license by first class mail sent to the person’s most recent address as shown on the records of the department.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.


    SUBCHAPTER C. SURCHARGES FOR CERTAIN CONVICTIONS AND LICENSE SUSPENSIONS
    § 708.101.  NONAPPLICABILITY. 

    This subchapter does not apply to an offense committed before September 1, 2003.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.03, eff. Jan. 11, 2004.

    § 708.102.  SURCHARGE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES.

    (a)  In this section, “offense relating to the operating of a motor vehicle while intoxicated” has the meaning assigned by Section 49.09, Penal Code.

    (b)  Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated.

    (c)  The amount of a surcharge under this section is $1,000 per year, except that the amount of the surcharge is:

    (1)  $1,500 per year for a second or subsequent conviction within a 36-month period;  and

    (2)  $2,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.16 or more at the time the analysis was performed.

    (d)  A surcharge under this section for the same conviction may not be assessed in more than three years.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.103.  SURCHARGE FOR CONVICTION OF DRIVING WHILE LICENSE INVALID OR WITHOUT FINANCIAL RESPONSIBILITY. 

    (a)  Each year the department shall assess a surcharge on the license of each person who during the preceding 36-month period has been convicted of an offense under Section 521.457, 601.191, or 601.371.

    (b)  The amount of a surcharge under this section is $250 per year.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.104.  SURCHARGE FOR CONVICTION OF DRIVING WITHOUT VALID LICENSE. 

    (a)  Each year the department shall assess a surcharge on the license of a person who during the preceding 36-month period has been convicted of an offense under Section 521.021.

    (b)  The amount of a surcharge under this section is $100 per year.

    (c)  A surcharge under this section for the same conviction may not be assessed in more than three years.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.


    SUBCHAPTER D. COLLECTION OF SURCHARGES
    § 708.151.  NOTICE OF SURCHARGE. 

    The department shall notify the holder of a driver’s license of the assessment of a surcharge on that license by first class mail sent to the person’s most recent address as shown on the records of the department.  The notice must specify the date by which the surcharge must be paid and state the consequences of a failure to pay the surcharge.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.152.  FAILURE TO PAY SURCHARGE. 

    (a)  If before the 30th day after the date the department sends a notice under Section 708.151 the person fails to pay the amount of a surcharge on the person’s license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended.

    (b)  A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.153.  INSTALLMENT PAYMENT OF SURCHARGE.

    (a)  The department by rule shall provide for the payment of a surcharge in installments.

    (b)  A rule under this section:

    (1)  may not permit a person to pay a surcharge:

    (A)  of less than $2,300 over a period of more than 12 consecutive months;

    or

    (B)  of $2,300 or more over a period of more than 24 consecutive months;

    and

    (2)  may provide that if the person fails to make a required installment payment, the department may declare the amount of the unpaid surcharge immediately due and payable.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.154.  CREDIT CARD PAYMENT OF SURCHARGE. 

    (a)  The department by rule may authorize the payment of a surcharge by use of a credit card.  The rules shall require the person to pay all costs incurred by the department in connection with the acceptance of the credit card.

    (b)  If a surcharge or a related cost is paid by credit card and the amount is subsequently reversed by the issuer of the credit card, the license of the person is automatically suspended.

    (c)  A license suspended under this section remains suspended until the person pays the amount of the surcharge and any related costs.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    § 708.155.  CONTRACTS FOR COLLECTION OF SURCHARGES. 

    The department may enter into a contract with a private attorney or a public or private vendor for the provision of services for the collection of surcharges receivable and related costs under this chapter.  The total amount of compensation may not exceed 30 percent of the amount of the surcharges and related costs collected.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 2.04, eff. Jan. 11, 2004.

    § 708.156.  REMITTANCE OF SURCHARGES COLLECTED TO COMPTROLLER. 

    Each surcharge collected by the department under this chapter shall be remitted to the comptroller as required by Section 780.002, Health and Safety Code.

    Added by Acts 2003, 78th Leg., ch. 1325, § 10.01, eff. Sept. 1, 2003.

    ==================

    Below you will find Chapter 544 of the Texas Transportation Code in its entirety.  Many moving violations including Red Lights and Stop Signs are found in Chapter 544.

    Example: For Running a Stop Sign see Section 544.010, “Stop Signs and Yield Signs.”

    For Running a Red Light see Section 544.007(d), “Traffic Control Signals in General.”

    § 544.001.  ADOPTION OF SIGN MANUAL FOR STATE HIGHWAYS. 

    The Texas Transportation Commission shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with this chapter that correlates with and to the extent possible conforms to the system approved by the American Association of State Highway and Transportation Officials.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.002.  PLACING AND MAINTAINING TRAFFIC-CONTROL DEVICE. 

    (a)  To implement this subtitle, the Texas Department of Transportation may place and maintain a traffic-control device on a state highway as provided by the manual and specifications adopted under Section 544.001.  The Texas Department of Transportation may provide for the placement and maintenance of the device under Section 221.002.
    (b)  To implement this subtitle or a local traffic ordinance, a local authority may place and maintain a traffic-control device on a highway under the authority’s jurisdiction.  The traffic-control device must conform to the manual and specifications adopted under Section 544.001.
    (c)  A local authority may not place or maintain a traffic-control device on a highway under the jurisdiction of the Texas Department of Transportation without that department’s permission.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.003.  AUTHORITY TO DESIGNATE THROUGH HIGHWAY AND STOP AND YIELD INTERSECTIONS. 

    (a)  The Texas Transportation Commission may:
    (1)  designate a state or county highway as a through highway and place a stop or yield sign at a specified entrance;  or
    (2)  designate an intersection on a state or county highway as a stop intersection or a yield intersection and place a sign at one or more entrances to the intersection.
    (b)  A local authority may:
    (1)  designate a highway under its jurisdiction as a through highway and place a stop or yield sign at a specified entrance;  or
    (2)  designate an intersection on a highway under its jurisdiction as a stop intersection or a yield intersection and place a sign at one or more entrances to the intersection.
    (c)  The stop or yield sign indicating the preferential right-of-way must:
    (1)  conform to the manual and specifications adopted under Section 544.001;  and
    (2)  be located:
    (A)  as near as practicable to the nearest line of the crosswalk;  or
    (B)  in the absence of a crosswalk, at the nearest line of the roadway.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.004.  COMPLIANCE WITH TRAFFIC-CONTROL DEVICE. 

    (a)  The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the person is:
    (1)  otherwise directed by a traffic or police officer;
    or
    (2)  operating an authorized emergency vehicle and is subject to exceptions under this subtitle.
    (b)  A provision of this subtitle requiring an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person.  A provision of this subtitle that does not require an official traffic-control device is effective regardless of whether a device is in place.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.005.  INTERFERENCE WITH TRAFFIC-CONTROL DEVICE OR RAILROAD SIGN OR SIGNAL. 

    A person may not, without lawful authority, alter, injure, knock down, or remove or attempt to alter, injure, knock down, or remove:
    (1)  an official traffic-control device or railroad sign or signal;
    (2)  an inscription, shield, or insignia on an official traffic-control device or railroad sign or signal;  or
    (3)  another part of an official traffic-control device or railroad sign or signal.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.006.  DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, OR MARKINGS. 

    (a)  A person may not place, maintain, or display on or in view of a highway an unauthorized sign, signal, marking, or device that:
    (1)  imitates or resembles an official traffic-control device or railroad sign or signal;
    (2)  attempts to direct the movement of traffic;  or
    (3)  hides from view or hinders the effectiveness of an official traffic-control device or railroad sign or signal.
    (b)  A person may not place or maintain on a highway, and a public authority may not permit on a highway, a traffic sign or signal bearing commercial advertising.
    (c)  A person may not place or maintain a flashing light or flashing electric sign within 1,000 feet of an intersection except under a permit issued by the Texas Transportation Commission.
    (d)  This section does not prohibit a person from placing on private property adjacent to a highway a sign that gives useful directional information and that cannot be mistaken for an official sign.
    (e)  A sign, signal, light, or marking prohibited under this section is a public nuisance.  The authority with jurisdiction over the highway may remove that sign, signal, light, or marking without notice.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.007.  TRAFFIC-CONTROL SIGNALS IN GENERAL. 

    (a)  A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section.
    (b)  An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn.  The operator shall yield the right-of-way to other vehicles and to pedestrians lawfully in the intersection or an adjacent crosswalk when the signal is exhibited.
    (c)  An operator of a vehicle facing a green arrow signal, displayed alone or with another signal, may cautiously enter the intersection to move in the direction permitted by the arrow or other indication shown simultaneously.  The operator shall yield the right-of-way to a pedestrian lawfully in an adjacent crosswalk and other traffic lawfully using the intersection.
    (d)  An operator of a vehicle facing only a steady red signal shall stop at a clearly marked stop line.  In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection.  A vehicle that is not turning shall remain standing until an indication to proceed is shown.  After stopping, standing until the intersection may be entered safely, and yielding right-of-way to pedestrians lawfully in an adjacent crosswalk and other traffic lawfully using the intersection, the operator may:
    (1)  turn right;  or
    (2)  turn left, if the intersecting streets are both one-way streets and a left turn is permissible.
    (e)  An operator of a vehicle facing a steady yellow signal is warned by that signal that:
    (1)  movement authorized by a green signal is being terminated;  or
    (2)  a red signal is to be given.
    (f)  The Texas Transportation Commission, a municipal authority, or the commissioners court of a county may prohibit within the entity’s jurisdiction a turn by an operator of a vehicle facing a steady red signal by posting notice at the intersection that the turn is prohibited.
    (g)  This section applies to an official traffic-control signal placed and maintained at a place other than an intersection, except for a provision that by its nature cannot apply.  A required stop shall be made at a sign or marking on the pavement indicating where the stop shall be made.  In the absence of such a sign or marking, the stop shall be made at the signal.
    (h)  The obligations imposed by this section apply to an operator of a streetcar in the same manner they apply to the operator of a vehicle.
    (i)  An operator of a vehicle facing a traffic-control signal that does not display an indication in any of the signal heads shall stop as provided by Section 544.010 as if the intersection had a stop sign.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1325, § 19.04, eff. Sept. 1, 2003.

    § 544.008.  FLASHING SIGNALS. 

    (a)  The operator of a vehicle facing a flashing red signal shall stop at a clearly marked stop line.  In the absence of a stop line, the operator shall stop before entering the crosswalk on the near side of the intersection.  In the absence of a crosswalk, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.  The right to proceed is subject to the rules applicable after stopping at a stop sign.
    (b)  The operator of a vehicle facing a flashing yellow signal may proceed through an intersection or past the signal only with caution.
    (c)  This section does not apply at a railroad crossing.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.009.  LANE-DIRECTION-CONTROL SIGNALS. 

    If a lane-direction-control signal is placed over an individual lane of a highway, a vehicle may travel in a lane over which a green signal is shown but may not enter or travel in a lane over which a red signal is shown.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.010.  STOP SIGNS AND YIELD SIGNS. 

    (a)  Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).
    (b)  If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).
    (c)  An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection.  In the absence of a crosswalk, the operator shall stop at a clearly marked stop line.  In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

    Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

    § 544.011.  LANE USE SIGNS. 

    If, on a highway having more than one lane with vehicles traveling in the same direction, the Texas Department of Transportation or a local authority places a sign that directs slower traffic to travel in a lane other than the farthest left lane, the sign must read “left lane for passing only.”

    Added by Acts 1997, 75th Leg., ch. 628, § 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 17.08, eff. Sept. 1, 1999.

    =====================

    §
    544.007.  TRAFFIC-CONTROL SIGNALS IN
    GENERAL.

    (a)  A
    traffic-control signal displaying different colored
    lights or colored lighted arrows successively or in
    combination may display only green, yellow, or red
    and applies to operators of vehicles as provided by
    this section.

    (b)  An operator of a vehicle facing a circular
    green signal may proceed straight or turn right or left
    unless a sign prohibits the turn.  The operator
    shall yield the right-of-way to other vehicles and to
    pedestrians lawfully in the intersection or an adjacent
    crosswalk when the signal is exhibited.

    (c)  An operator of
    a vehicle facing a green arrow signal, displayed alone
    or with another signal, may cautiously enter the
    intersection to move in the direction permitted by the
    arrow or other indication shown simultaneously.
    The operator shall yield
    the right-of-way to a
    pedestrian lawfully in an adjacent crosswalk and other
    traffic lawfully using the intersection.

    (d)  An operator of
    a vehicle facing only a steady red signal shall stop at
    a clearly marked stop line.  In the absence of a
    stop line, the operator shall stop before entering the
    crosswalk on the near side of the intersection.  A
    vehicle that is not turning shall remain standing until
    an indication to proceed is shown.  After
    stopping, standing until the intersection may be
    entered safely, and yielding right-of-way to
    pedestrians lawfully in an adjacent crosswalk and other
    traffic lawfully using the intersection, the
    operator may:

    (1)  turn right;  or

    (2)  turn left,
    if the intersecting streets are both
    one-way streets and a
    left turn is permissible.

    (e)  An operator of
    a vehicle facing a steady yellow signal is warned by
    that signal that:

    (1)  movement
    authorized by a green signal is being
    terminated;
    or

    (2)  a red
    signal is to be given.

    (f)  The Texas
    Transportation Commission, a municipal authority, or
    the commissioners court of a county may prohibit within
    the entity’s jurisdiction a turn by an operator of a
    vehicle facing a steady red signal by posting notice at
    the intersection that the turn is
    prohibited.

    (g)  This section
    applies to an official traffic-control signal placed
    and maintained at a place other than an intersection,
    except for a provision that by its nature cannot
    apply.  A required stop shall be made at a sign or
    marking on the pavement indicating where the stop shall
    be made.  In the absence of such a sign
    or
    marking, the stop shall
    be made at the signal.

    (h)  The obligations
    imposed by this section apply to an operator of a
    streetcar in the same manner they apply to the operator
    of a vehicle.

    (i)  An operator of a vehicle
    facing a traffic-control signal that does not
    display an indication in any of the signal heads
    shall stop as provided by Section 544.010 as if the
    intersection had a stop sign.

    Acts 1995, 74th Leg., ch.
    165, § 1, eff. Sept. 1, 1995.  Amended by Acts
    2003, 78th Leg., ch. 1325, § 19.04, eff. Sept. 1,
    2003.

    §
    544.008.  FLASHING SIGNALS.

    (a)
    The operator of a vehicle facing a flashing red
    signal shall stop at a clearly marked stop
    line.  In the absence of a stop line, the
    operator shall stop before entering the crosswalk on
    the near side of the intersection.  In the
    absence of a crosswalk, the operator shall stop at
    the place nearest the intersecting roadway where the
    operator has a view of approaching traffic on the
    intersecting roadway.  The right to proceed is
    subject to the rules applicable after stopping at a
    stop sign.

    (b)  The operator of a vehicle facing a flashing
    yellow signal may proceed through an intersection or
    past the signal only with caution.

    (c)  This section
    does not apply at a railroad
    crossing.

    Acts 1995, 74th Leg., ch.
    165, § 1, eff. Sept. 1, 1995.

    ===================

    In
    reality, most traffic ticket lawyers actually try a small number of
    cases. Most of their client’s cases are resolved by agreement with
    the prosecutor and their client pleading “Nolo Contendre” or “No
    Contest” to the charges. The purpose of this book is to show you how
    to keep the ticket off your driving record. If you can do that, you
    have won. That is the exact same goal of the traffic ticket lawyer
    and is what he is trying to accomplish for his client. The lawyer is
    trying to keep the ticket from becoming a conviction which causes
    points to be put on the client’s permanent driving record. If a
    ticket conviction can be kept off the record, then there will not be
    any more points which will increase the client’s insurance premiums,
    or worse in the case of too many points, that the client’s insurance
    coverage will not be canceled, or the state suspends the client’s
    driving privileges. I have not included any sections in this book
    about how to cross-examine an adverse witness (the police officer),
    how to offer and exclude evidence, how to research and argue the
    law, how to present witnesses or how to conduct discovery of the
    state’s evidence. Neither does this book go into the technical
    aspects of radar or laser speed detection, the equipment that is
    used, how it is calibrated, the training that is required or the
    legal evidentiary predicates that must be laid by the prosecutor
    before such evidence can be introduced. From my viewpoint as a
    practicing trial lawyer, it would be very difficult for the ticketed
    driver to represent themselves on their own case for a number of
    reasons. Much of the defense of a traffic ticket case does not occur
    in the court room during a trial, but rather informally in
    conversations between the attorney and the prosecutor or between the
    attorney’s support staff and the court clerks. Lawyers, prosecutors
    and judges deal with the traffic ticket system differently, as they
    are not the object of it. They do this every day and they often know
    each other very well. Lawyers, prosecutors, police and judges deal
    with the criminal justice system on a daily basis. It is not
    something that they do every two or three years, or even every month
    or two. They are all there to move cases, the lawyers trying to get
    their clients cases dismissed or probated, the police, prosecutors
    and judges trying to resolve the cases so that the revenue that is
    paid at conclusion by the ticketed drivers is realized. The traffic
    ticket system is less about guilt or innocence, convictions or
    acquittals than it is about revenues for the various political
    subdivisions of the government that issue the tickets. Traffic
    tickets are an invisible tax that we are charged to drive. It is
    just that this “tax” is disguised as enforcement of and compliance
    with traffic codes and ordinances. Look at it from the city’s side.
    All their little part of the government really wants is the money or
    revenue that they get from your ticket. If you have a conviction on
    the ticket the city gets to keep only a part of fine money…..much
    of the money then has to be sent to the state. On the other hand, if
    you are not convicted, but plead “No Contest” the traffic court
    judge can levy court costs and fees on you, and the city gets to
    keep every penny of it. Co-incidently, the court costs and fees will
    end up being about the same amount as the fine. So the question
    becomes, how does the city get its traffic ticket money without the
    drivers being priced out of auto insurance or losing their driver’s
    licenses altogether from the accumulation of points from traffic
    ticket convictions? It does this by granting ticketed drivers
    “Deferred Adjudications”, “Probations” and “Dismissals” for taking
    court ordered Defensive Driving School. During those periods of
    economic down turn and high unemployment, our states, counties and
    cities struggle with budget short falls. It is during these poor
    economic times that more tickets get issued. Unfortunately, when
    prosperity returns, the states, cities and counties don’t stop
    issuing tickets as previous levels, as they have become dependent
    upon this source of revenue. Issuing traffic tickets has become and
    will continue to be a growth industry. You can’t stop them from
    issuing you the ticket, but there are ways to keep it off your
    record. That is the most important goal you will accomplish. This
    book is going to start in the beginning. You’ve already got a ticket
    or you probably would not have bought this book. Lets look at what
    you can do from today on to minimize the tickets you will get in the
    future. If you observe speed limits and traffic laws you probably
    won’t get a ticket, but that isn’t always the case. More tickets are
    issued for speeding than for any other traffic offense, and even a
    perfect driver lime me occasionly gets a speeding ticket every now
    and then. The truth of the matter is that law enforcement officers
    occasionally make mistakes and ticket an innocent driver. It is
    impossible to drive safely and reasonably and not eventually get an
    undeserved ticket. However, most of the time you do deserve the
    ticket. Either way, you’ve got a ticket. So what do you do to
    minimize your chances for getting a ticket? 1. Does your car attract
    attention? Is it going to catch a Cop’s Eye? Hopefully not. Your car
    should be neat, clean and in good repair. If it is old, the body,
    paint and tires need to be in good condition. Avoid: dark tinted
    windows, obnoxious bumper and window stickers, and state issued
    numbers attract less attention than personalized license plates. 2.
    The cops can see you, can you see them? Even if you never speed, the
    use of a radar detector is recommended. You need to know when there
    are police in the area that are using radar. There’s just something
    about driving a car, seeing a cop with a radar gun and having a
    heart attack, even if you’re not speeding. It also helps to get an
    early warning. When the detectors go off, as fast as you can, check
    the traffic around you and if it is safe to do so, quickly and
    firmly put your brakes for only a second or two. This will drop your
    speed very quickly, will confuse the officer (the radar numbers will
    change instantly) and you will know exactly what your speed is when
    you let off your brakes. You can then safely accelerate back up to
    the speed limit and set your cruise control. Unless there is a
    problem, you don’t want to be driving much under the speed limit, as
    that attracts a cop as much as a speeder, and it creates a traffic
    hazzard. 3. For road trips, invest in a CB radio. Check the channels
    and pick up the truckers in your area. They will see and report the
    cops on the radio miles before you will see them. 4. Try to keep
    the sun out of your eyes, and keep your eyes open. Be looking for
    situations that would provide good hiding spots for a cop with a
    radar gun. Look in the medians, on the shoulders behind trees, on
    over-passes, watch your rear-view mirror constantly and closely. 5.
    When you are driving, your eyes should always be moving. They should
    always be moving between the road, your rear and side view mirrors,
    your instrument panel, the other traffic, both coming and going, and
    the surroundings, allowing them to rest for only a moment each time
    you move them to a different subject. Constantly be alert and aware.
    Keep the radio on or play some music. Talk to your passengers. Keep
    your mind working in as many ways as possible. This will actually
    keep you from getting sleepy or sluggish, it will help you to spot
    the cops and will keep you alert while you are driving. 6. Check all
    the gages on your instrument panel. Make sure that you know your
    speed, that your oil pressure is ok, that your battery and
    alternator are working and that your engine is not overheating. 7.
    Never put packages or cargo in your car that will even partially
    obstruct your vision through any of the windows! 8. When you are
    watching the traffic keep an eye out for cars coming up from behind
    that are traveling at high rates of speed. Speed differential
    between vehicles traveling in the same direction is not only the
    number one cause of highway accidents, but also the cause of cops
    being confused by which car is actually doing speeding. 9. This has
    nothing to do with avoiding tickets, however, it may keep you alive.
    Avoid driving traps. These are situations where your car is
    surrounded on two or more sides by other vehicles (especially
    trucks) or immovable barriers. These movable and immovable barriers
    may prevent you from being able to make an evasive manoeuver to
    avoid an accident.

    10. However, if you are in a pack that is traveling
    over the speed limit, try to stay in the slow lane as much as
    possible and try to be next to, behind or in front of a big truck.
    The radar fixes on the larger vehicle. 11. Always observe the “2
    second” rule for keeping the proper distance between your front
    bumper the rear bumper of the vehicle in front. Watch the car in
    front. When its rear bumper passes a road mark (tree, sign, bridge)
    your car should not pass the same road mark less than 2 seconds
    later. This rule automatically adjusts for speed of the cars, and
    will allow enough time and distance for you to come to a complete
    stop before you hit the car in front. This will not only help you
    avoid a high-speed accident, but will also eliminate the possibility
    of a cop pulling you over for reckless driving (tail-gating). 12.
    They don’t look like they did. Police and Highway Patrol cars aren’t
    necessarily large 4 door, black and white sedans with a rack of
    lights on the top. They paint them solid, non-black and white
    colors. Some are smaller 2dr models. Some are SUV’s or Pick-up
    trucks. The flashing lights are often in the front grills and rear
    windows. They still mainly park and use radar to pick up speeders,
    so watch for the un-marked police vehicle parked where a cop would.
    If you suspect anything at all, always let off the gas. 13. The
    radar being used today is not uni-directional. It can also be used
    to determine speed by calculating speed differentials. In other
    words, the cop can be traveling the opposite direction on the road
    as you are, but can use the radar to accurately calculate your
    speed. They can also get a good radar fix while traveling in the
    same direction as you. They can get you, coming or going.14. Keep a
    watchful eye around exits, on-ramps, marked u-turns, medians and
    access roads on divided highways and Interstates. Cops in patrol
    vehicles and on motorcycles have lots of options for successful
    radar targeting of speeders in and around these types of areas.
    15. In many of the Western States, where there are vast
    scarcely populated areas, states use aircraft to time vehicles
    between mile markers painted on the highway (you’ll be able to spot
    them as you are driving). The pilot radios the calculated speed to a
    ground patrols….this can be done without the use of radar.
    Generally there clearly marked warning signs posted that speed is
    controlled by aircraft patrols. Aircraft patrols are extremely
    difficult to detect. Just be very alert, keep an eye out for the
    posted signs, the markings on the roads and small aircraft following
    along the highway. When being pulled over there are procedures and
    protocols you should follow. In his excellent book,
    A Speeder’s Guide to Avoiding Tickets, The Essential Manual for Life
    in the Fast Lane
    , Avon Books, Inc., 1350 Avenue of the Americas,
    New York, New York 10019, 1990, by James M. Eagan, Sgt. Egan,
    N.Y.S.P. (Ret.) offers incredible insight into the psychological
    make-up of a traffic enforcement officer. For future reference, this
    book is well worth the nominal price. I bought mine from Amazon.com.
    Officer Eagan tells us that a police officer is motivated by two
    great psychological factors and that these two factors impact
    everything the officer does or will do. Knowledge of these factors
    makes the officer’s actions rather predictable. These two factors
    are fear and ego. At both the conscious and subconscious levels a
    police officer is always in a defensive mode because of the fear of
    being injured or killed. Their survival instincts are much more
    developed than those of others. Police are also egotistical, and if
    not by nature, are trained to become so. Put the officer’s fears at
    rest and feed his/her ego, watch what you say, what you do and you
    may have a chance of getting the warning and not the ticket. 1. As
    soon as you have seen that you are being stopped, if it is at night,
    turn on your interior light then put your right arm out and elbow up
    at a 90% angle and wave your hand side to side. This signals to the
    officer that you are aware of his presence, and at least for the
    time being, acknowledging that it is you he wants to stop (sometimes
    he’s not after you, but you won’t know until he has passed you by).
    He knows that you are fully co-operating at this point. Continue
    your visible co-operation by pulling over the right shoulder of the
    road (never pull over to the interior median) as quickly as
    possible, safely changing lanes if necessary and properly using your
    turn indicators. 2. Pull your car off the right shoulder as much as
    possible. If you can do so safely pull your car over far enough for
    the officer to be able to park his vehicle between your car and the
    roadway. That way he can safely approach your car with his own
    protecting him from the traffic. 3. Roll your drivers’ side window
    all the way down. If it is dark, turn on the interior light and put
    both of your hands on the steering wheel and wait for the officer to
    approach your car. Do not start looking for your drivers license,
    vehicle registration, proof of insurance or anything else before he
    requests that you do so. From his perspective, it causes your head
    to disappear and the glove box to open where you may, for all he
    knows, be getting your gun. Just sit still with both hands on the
    wheel. You may have to wait while he runs your license plate
    through the computer, but just be patient. By all means DO NOT GET
    OUT OF THE CAR. Just sit still.4. According to officer Eagan, unless
    you have really aggravated him by driving way over the posted speed
    limit, failing to see that he is trying to pull you over, doing
    something really reckless while pulling over (like slamming on your
    brakes or not looking before changing lanes), or doing something
    that scares him (opening your glove box before being told to do so,
    getting out of the car before being told to do so, or demanding an
    explanation from him before he has spoken to you) then he has not
    really decided if he is going to write you a ticket or give you a
    warning. That will depend upon how you continue to reduce his fear
    and feed his ego. 5. When he talks, look him straight into the eyes
    (even if he is wearing dark sunglasses). He wants to see your eyes,
    but does not want you to see his. Don’t give one syllable answers.
    When he asks for your license, registration, proof of insurance,
    etc., just say “sure”, “certainly”, “OK” or something like that, be
    friendly about it, and then BREAK EYE CONTACT WHILE YOU LOOK, which
    will alleave some more of this fear. While you are looking for the
    documents, you can start talking to him. 6. When he comes up to your
    car, the officer has no desire to have a conversation with you,
    however, this is your chance, your only chance, and you’ve only got
    about 30 seconds to tell him your story.7. Even though no lawyer in
    his right mind would tell you to do this, officer Eagan tells us
    that the best way to avoid the ticket at this point is to be
    perfectly honest with the cop. Tell him the truth. Admit that you
    were going too fast. Tell him why you were speeding, and again
    remember to be truthful. Be truthful even if it means saying “I was
    speeding because I was bored”. Finally ask him to show you mercy and
    give him all the reasons you can think of why its important that he
    should.

    8. Stay positive, don’t grind on him, don’t mutter
    to yourself. Feed his ego and give your self a chance for a warning.
    The consequences of a traffic tickets are serious. In addition to
    expensive fines, insurance premiums go up, your insurance can be
    canceled and with enough convictions, you can loose your driving
    privileges. It is therefore important to challenge tickets and avoid
    convictions, or take action to keep traffic ticket convictions off
    your record, as the consequences of not doing this are very
    serious. It is interesting to note that between 80 % and 90% of all
    ticketed drivers simply pay the fine. They don’t do this because
    they like paying tickets, it is because most drivers don’t know what
    the options are. It is a simple matter to find out what the fine
    will be on a ticket if you’re just going to pay the fine. This
    information is often it is printed on the back of the ticket with an
    address where the fine can be mailed. If this information is not on
    the ticket, just call the court (whose contact information will be
    on the back of the ticket) and the court clerk will be able to tell
    you what your fine will be.

    Today most traffic courts would rather you not be
    convicted on your traffic ticket. This is because if there is a
    conviction, the court must send a portion of the fine to the state
    government. If, however, there is a “No Contest” plea on your part,
    the court is not required to convict and charge a fine. The court
    can choose to put you on Probation, give you a Deferred Adjudication
    or order your ticket dismissed upon completion of court ordered
    Driving School. If this is the case, then with a conviction you can
    be charged court costs and fees, allowing the court to keep all of
    the costs and fees for the local municipality or Justice Court.
    These are generally called deferred adjudication cases (the name
    varies from jurisdiction to jurisdiction) and accomplish two very
    valid purposes. First, they generate income for the ticket issuing
    authority and second, they keep the ticket off your record. No
    conviction, nothing reported or appears on your driving record
    equals no points equals no insurance rate premium increase. If for
    what ever reason you do want to fight the ticket, you will need to
    get a court setting on a date certain. Sometimes this can be a
    problem. If it is a big city, then many times there is more than one
    setting. The first time you go to the court house, there will not be
    a trial, you will just be given a date for the trial. In smaller
    jurisdictions, the problem is not too many cases, it may be too few.
    The judge may only hear cases once or twice a month, and you have to
    be available on those dates. In any case, be sure and call the court
    clerk and be sure you understand the way that particular court
    works. Each court is different. One last thing. Always be pleasant
    when speaking with the clerk. Don’t get angry or try to put them in
    their place. We call them “court house people” and they can make
    your life miserable. Just make sure to stay on the good side of the
    court house people. Follow the Golden Rule. They can be very helpful
    if you are nice. Often you will have an option of taking Driving
    School, Defensive Driving Class, or Traffic School (the name varies
    from jurisdiction to jurisdiction) in conjunction with a Deferred
    Adjudication of your case. This isn’t bad, its good news. Driving
    school is usually 8 hours of class, but you will learn quite a bit,
    and many insurance companies will reduce your premiums by 10% to 15%
    each year for as much as 3 years after you have taken and completed
    the course. However, there are generally limitations on taking
    Defensive Driving School. Usually, a driver is limited to taking the
    course once every 24 months. Also, most states will not allow
    dismissal for Driving School in the case of speeding more than 15
    miles over the posted limit. Concerning increases in your insurance
    premiums, almost all states now have a point system which dictates
    what your insurance premiums will be. If you get a ticket or are in
    an accident (it doesn’t matter if your are at fault or not) you get
    points on your record. The points can stay on your insurance driving
    record for three years before they drop off. If you get too many
    points, your insurance carrier can cancel your insurance. Generally
    speaking, deferred adjudications and dismissals for Traffic Schools
    will not appear on your driving record and will not affect your
    point score. Be sure and check this with the court. It is possible
    to loose your driving privileges for too many tickets or accidents,
    however, this does not happen very often. As a general rule, a
    driver will not get a license suspended unless there is a major
    violation such as DWI/DUI, reckless driving or causing an accident
    with a serious injury. However, most states discriminate against
    younger drivers and have statutes for drivers under the age of 18.
    If you are 18 or younger, you can loose your driving privileges for
    as few as two traffic ticket convictions or two accidents in a 24
    month period of time. As a practicing trial lawyer of nearly 30
    years in the courtroom in front of judges and juries, I recommend
    that you:

    1.
    Consult a traffic ticket attorney to represent you should it become
    necessary for your case be tried. This is not about how smart you
    are, or how smart the police officer is or the judge for that
    matter. This is about the fact that the law is complex and full of
    technicalities. As a matter of fact, the law is technicality. In
    many ways this is not about the truth. It should be, but it may not
    be. This is about being trained in the law and in law enforcement
    and about lots of experience. This is about human relationships. Its
    about people that see each other every day within the context of a
    traffic court. The lawyers know the judges and police officers and
    they all know each other. They also know what the local practice and
    custom is. There is no way that a short traffic ticket manual can
    prepare you to walk into a situation like this and have a clue of
    what is going on or what is about to happen. 2. Hiring
    an attorney to represent you is about hiring cool-headed detachment,
    knowledge, experience and objectivity. It is not possible to be
    detached and objective if you are representing yourself. Although
    you can clearly “see” and “understand” what happened, it may not be
    at all that clear to the prosecutor or judge. It is amazing how
    often they just don’t “Get It”. He or she may just not understand
    your side. Then you get convicted on the ticket. Pay a fine and you
    get points on your driving record. 3. I believe in this concept so
    strongly, that I have always hired another attorney to represent me
    and the members of my family when we get traffic tickets. I just
    turn it over to the other attorney and forget about it.4. There are
    valid reasons why you might not hire an attorney to handle your
    traffic ticket case. The first reason that comes to mind is the
    expense. Yes, lawyers charge for their services, however, their fees
    are reasonable in relationship to what is at stake. For example, if
    you are convicted on a particular speeding violation it may be a
    $125.00 fine and your insurance rates go up $400.00 a year for 3
    years. That’s $1,325.00 dollars. The attorney may charge you
    something like $100.00 plus court costs of $75.00 for a total of
    $175.00, you agree not to get any more tickets for the next 60 days
    and the ticket is dismissed. That is a huge savings and is much,
    much easier…mentally, emotionally, physically and financially. 5.
    Another reason you may not hire an attorney is because you do not
    know how to find a traffic ticket lawyer to handle your case. This
    may actually be the best reason. I live and practice law in a large
    metropolitan area where we have millions in population and more than
    15,000 lawyers in the county. However, most of those lawyers would
    be hard pressed to name just one traffic ticket attorney. Its hard
    to find them even in the yellow pages. There is no listing for
    traffic ticket lawyers. Those that practice traffic ticket law are
    relatively few in number and not particularly easy to find. However,
    they are the ones who really know how to handle tickets, and they
    handle them in large volumes. Obviously the purpose of the
    traffictickets.com website is to help those with tickets find
    lawyers to represent them. The easiest way to find one is to GOTOBUTTON BM_1_ www.traffictickets.com
    to find your traffic ticket lawyer.

    6. A
    third reason is that you simply do not want to hire an attorney to
    handle the case, that you would rather handle it yourself. Although
    a valid reason, you should keep in mind that you are at a marked
    disadvantage if what you want to do is win the case and have the
    ticket dismissed. If that is your aim, then allow plenty of time to
    prepare your case. Organize it well and write everything out that
    you are planning to say. It looks much easier on TV and in the
    movies than it really is. Be polite, pleasant and to the point. The
    judge does not like un-organized time wasting cases. Have your
    witnesses, photographs and other evidence ready. Do not expect to
    make your case from the officer’s testimony. His job is to make sure
    you are convicted, and he will be good at his job. Your job is to
    show that your driving was safe and prudent or that the officer was
    mistaken. The shorter and neater your case, the better your chance
    of winning. 7. If you must handle your own case then set a goal or
    objective that you can reasonably expect to achieve, which is: You
    want to keep this ticket off your driving record. The real problems
    start when you get tickets on your record. Deferred Adjudication
    through a No Contest Plea on your ticket. You will pay court costs
    and fees, however, the total won’t be much more than just paying the
    ticket would have been. Another option is Defensive Driving School
    or Traffic School. Upon a No Contest Plea, Courts will often give
    the option of taking a Defensive Driving School in lieu of
    conviction. Again, there are court costs to pay, and the cost of the
    Defensive Driving School (about $50.00), however, the total cost it
    will usually not be much more than just paying the ticket on a
    guilty plea would have been. Some jurisdictions may not have these
    programs, but may have similar options by different names. Describe
    to the clerk, prosecutor or judge what you want. This chapter is
    about what happens when you don’t take care of business. 1. When you
    are issued a traffic ticket, you have a certain number of days in
    which to pay the ticket fine or set the case for trial. 2. If you do
    not take care of the ticket within the deadline, the ticket will go
    into “Alias” status and a Warrant issued for your arrest.3. In
    addition to the original fine there may be additional charges or
    court costs added on.4. If you are stopped for a traffic violation
    and have an outstanding Arrest Warrant for an earlier ticket, you
    will be arrested, and if you are driving by yourself, your car towed
    away and impounded. When you get your car back you will be charged
    towing and impound fees for each day the car is in the “pound”. The
    fees to get the car back can be well over $100.00. 5.
    If you have children in the car and no adult passengers, the officer
    has the option of calling Child Protective Service to come and get
    the children while you are being taken to jail. However, usually the
    officer will let you call family or friends to come and get the car
    and the children. 6. You will be hand-cuffed, read your rights, sent
    to the jail in the back of a police cruiser, finger-printed,
    photographed, booked and then thrown into the drunk tank until a
    friend or family member posts your bail.7. In addition to having to
    post a separate appearance bond for each of your traffic tickets
    that have gone into Warrant status, your friend, family member or
    lawyer, will also have to post bond for the amount of the fines and
    court costs on each of the tickets.8. Then you get your lawyer and
    go to court. All of that having been said, what do you think? Do you
    want to take care of business or not? You should always vote for
    taking care of business, it simplifies your life and you don’t have
    to check that box for the rest of your life that appears on every
    document you’ll ever sign: “Have you ever been arrested?” That point
    having been made, lets say you have a warrant or two out there for
    un-paid traffic tickets. What do you do? Hire a lawyer. Your lawyer
    will post appearance bonds so that if you are stopped you won’t be
    arrested. He will then go to court with you and work out a,
    hopefully, favorable and reduced sum (fine and costs) of money which
    you will immediately pay to the court for not having taken care of
    business. What if you go down to the court house and try to take
    care of it yourself. You’ll get arrested as soon as you tell them
    who you are. Really! Don’t mess with warrants….hire a lawyer to
    help you. Winning a ticket traffic court isn’t easy, however, these
    tips should help. 1. Read your ticket carefully. Speeding and
    traffic control violations are the most common offenses. Did the
    officer get the who, when and where correct? What about license
    plate numbers, time, date and place of the offense? Mistakes in
    identification are legal defenses and they work. Simpler mistakes
    such as year, make and model of your car are less important. Write
    down all of the mistakes on the ticket. 2. Was it possible for the
    officer see the offense? Did he stop the right car? These are
    factual defenses. They can raise doubt. Write down all of the
    factual defenses you can think of. 3. In most states a traffic
    violation is a criminal offense, generally it is a Class C
    Misdemeanor (the lowest criminal offense there is). As such, the
    ticket itself is not the document with which you will be prosecuted
    in court. After issuing the ticket, the officer swear out a criminal
    complaint. You will be tried on the officer’s Sworn Complaint that
    sets out the crime with which you are being charged. Compare your
    ticket and the complaint carefully. Is there a difference between
    the information on the complaint and that on the citation or ticket?
    If there is (this is called a variance) then the variance could be
    “fatal”, which means that the case against you will be dismissed.
    If you can find any type of variance at all, argue that it is fatal.
    4. In some instances the posted speed limit is absolute, for
    example, in a Posted 20mph School Zone, if you go 21 miles an hour,
    you have a violation. However, most of the time exceeding the posted
    speed limit merely creates a presumption you were driving at an
    un-safe speed. The presumption in favor of the posted limit is what
    lawyers and judges call “rebutable”. That is, as the ticketed
    driver, you are allowed to present evidence that you were driving at
    a safe, reasonable and prudent speed under the driving conditions at
    that time, eg., you were driving during daylight, conditions were
    clear, the sun was shining, the road surface was dry, traffic was
    light, visibility was good for miles in every direction. Obviously,
    the more over the limit you were traveling, the harder this defense
    becomes. However, particularly on highway speeding tickets, this
    defense has been successfully argued many times. Expect that once
    you have presented your evidence (your testimony, your passengers,
    photographs of the location, etc.) To rebut the posted speed limit
    presumption, the officer can rebut your arguments. Expect to hear
    him testify that you were driving too fast under the conditions to
    be safe, the tires on your car were bald, the road was not flat and
    straight, etc. 5. If radar or laser was used, did the police officer
    properly calibrate the radar or laser timing device before using it
    to calculate your speed? Was the officer properly trained? Quite
    frankly, this type of a defense is very technical and should be left
    to an attorney. Should you decide to ask these questions, expect
    that the officer will have all the right answers. 6. If you are
    uncertain about whether or not to fight your ticket, call the
    clerk’s office and plead not guilty. You will be assigned a court
    date. Be sure and ask what your options are as far as pleading “No
    contest”. Often you can enter this plea and be given a fine and a
    deferred adjudication. If you do not receive another traffic ticket
    within a specified period of time, the case is dismissed, and the
    ticket does not go against your driving record. 7. If the officer
    doesn’t appear for the trial the judge should dismiss your case. The
    non-appearance of a police officer is not uncommon for many reasons.
    If you were ticketed for a serious violation the officer will
    probably be there. If it is not a serious offense and you have
    managed to have the hearing re-scheduled several times, the officer
    is less likely to show up. Try to get your trial date postponed as
    many times as possible. It is normal for us to be nervous when we
    are in an unusual situation where the outcome is very important and
    depends upon how we talk and conduct ourselves, but here are a
    couple of tips: 1. Catch your breath. Many times when a person is
    nervous, they can’t catch their breath when they are speaking. They
    just can’t get enough air in their lungs, precisely because they
    can’t relax enough to even breath. SOLUTION – Take ten full
    deep-as-you-can breaths, filling your lungs from the bottom up
    (starting with your stomach), and take each one through your nose.
    Also expel each of these breaths through your nose. This may take a
    while, best not to do it in open court, but asked to be excused for
    a moment to “catch your breath”. You will be amazed at how well this
    works and how simple it is to do. 2. Write it down on a note pad.
    When we are nervous or under stress our brains tend to seize on us.
    The best prevention here is to write your questions, thoughts,
    notes, etc., nice and neat (so you can read them at a glance) on a
    note pad. Always maintain a positive attitude, don’t get mad and
    loose your temper, follow the above two recommendations and you will
    be composed, look and like a pro when dealing with those authority
    figures.

    ===========================

    While speeding may be the most common kind of offense that tickets are issued for in New York State, there are several other offenses that New York State Troopers and local police officers are on the lookout for as they patrol the New York State Thruway (I-90), the Northway (I-87) and other New York highways and local roads. The consequences of these tickets can be significant fines, points that can result in suspension or revocation of New York State driving privileges, and an increase in your auto insurance rates. In addition, these violations can end up being listed on your driving record in states and provinces that have reciprocity with New York State (nearly every US state and several Canadian provinces have agreements with New York). Hiring an experienced attorney from The Rosenblum Law Firm will not only save you the trip to court, but also provide you top-notch attorney representation to get your tickets reduced and save you money.

    Driving While Suspended / Aggravated Unlicensed Operation (NY V&T Law 511)

    Traffic tickets have no expiration date or statute of limitations. If you ever mistakenly failed to respond to a ticket with a plea, didn’t show up on a scheduled court date, or didn’t pay a fine, the court would notify the New York State Department of Motor Vehicles which would in turn issue a Notice of Impending License Suspension to your last known address. Often, this address is not your actual address but an address at which you once resided. Unfortunately, if you didn’t notify DMV of your address change, the suspension notice may have ended up at the wrong address and you wouldn’t even know it. If you were caught driving on a suspended license, you could be charged with Aggravated Unlicensed Operation which is a criminal offense. While this offense does not carry points, it does carry significant fines and the risk of jail time and a permanent criminal record (while some states allow a criminal record to be sealed or “expunged”, New York has no such procedure). The least severe degree of this offense (Aggravated Unlicensed Operation in the 3rd Degree) carries a maximum fine of $500.

    Cell Phone (NY V&T Law 1225-c) & Electronic Device / Texting (NY V&T Law 1225-d)

    In New York, as in many jurisdictions, it is forbidden to drive while operating a hand-held cell phone. Over the past several years, this offense has gone from 0 points to 5 points – making it the second-highest number of points issued for a single ticket (the only offense that carries more points is speeding 21mph over the limit and above; Reckless Driving and Passing a School Bus also carry 5 points). Operating an electronic device or texting also carries five points. Police officers have been extremely vigilant in ticketing for these offenses due to the high correlation of texting and car crashes – and for the same reason auto insurance companies can place a driver in a higher risk category and significantly increase auto insurance rates if convicted of this offese.

    Reckless Driving (NY V&T Law 1212)

    According to NYS law, driving or using any motor vehicle in a manner that unreasonably interferes with the use of a public highway, or unreasonably endangers users of the public highway is considered “reckless driving.” While driving at a high rate of speed cannot, by itself, be considered reckless driving, it can be considered reckless if it is combined with other behaviors that make the conduct unreasonable. For example, driving at a high rate of speed and weaving in and out of traffic or changing lanes unsafely can be reckless driving. This offense carries 5 points and, according to a national study, can lead to auto insurance increases of up to 82%.

    Disobeyed Traffic Control Device (NY V&T Law 1110-a)

    If a you do not follow a traffic control device (commonly a road sign), you can be ticketed for this offense which carries 2 points and a maximum fine and surcharge totaling $243. While there are a number of road signs you can be accused of violating – stop and yield signs, no right / left turn, etc., this is also quite commonly issued as a “roadside reduction.” In this scenario, a police officer has reason to ticket a person for a certain (more severe) offense, but decides to be lenient and write up the ticket for Disobeyed Traffic Control Device as a means of offering the driver a break, especially when the driver has a good driving record. So you may in fact be caught speeding, but be written up for this offense instead in the police officer’s discretion (the “traffic control device” in this case being the speed limit sign).

    ========================

    In
    reality, most traffic ticket lawyers actually try a small number of
    cases. Most of their client’s cases are resolved by agreement with
    the prosecutor and their client pleading “Nolo Contendre” or “No
    Contest” to the charges. The purpose of this book is to show you how
    to keep the ticket off your driving record. If you can do that, you
    have won. That is the exact same goal of the traffic ticket lawyer
    and is what he is trying to accomplish for his client. The lawyer is
    trying to keep the ticket from becoming a conviction which causes
    points to be put on the client’s permanent driving record. If a
    ticket conviction can be kept off the record, then there will not be
    any more points which will increase the client’s insurance premiums,
    or worse in the case of too many points, that the client’s insurance
    coverage will not be canceled, or the state suspends the client’s
    driving privileges. I have not included any sections in this book
    about how to cross-examine an adverse witness (the police officer),
    how to offer and exclude evidence, how to research and argue the
    law, how to present witnesses or how to conduct discovery of the
    state’s evidence. Neither does this book go into the technical
    aspects of radar or laser speed detection, the equipment that is
    used, how it is calibrated, the training that is required or the
    legal evidentiary predicates that must be laid by the prosecutor
    before such evidence can be introduced. From my viewpoint as a
    practicing trial lawyer, it would be very difficult for the ticketed
    driver to represent themselves on their own case for a number of
    reasons. Much of the defense of a traffic ticket case does not occur
    in the court room during a trial, but rather informally in
    conversations between the attorney and the prosecutor or between the
    attorney’s support staff and the court clerks. Lawyers, prosecutors
    and judges deal with the traffic ticket system differently, as they
    are not the object of it. They do this every day and they often know
    each other very well. Lawyers, prosecutors, police and judges deal
    with the criminal justice system on a daily basis. It is not
    something that they do every two or three years, or even every month
    or two. They are all there to move cases, the lawyers trying to get
    their clients cases dismissed or probated, the police, prosecutors
    and judges trying to resolve the cases so that the revenue that is
    paid at conclusion by the ticketed drivers is realized. The traffic
    ticket system is less about guilt or innocence, convictions or
    acquittals than it is about revenues for the various political
    subdivisions of the government that issue the tickets. Traffic
    tickets are an invisible tax that we are charged to drive. It is
    just that this “tax” is disguised as enforcement of and compliance
    with traffic codes and ordinances. Look at it from the city’s side.
    All their little part of the government really wants is the money or
    revenue that they get from your ticket. If you have a conviction on
    the ticket the city gets to keep only a part of fine money…..much
    of the money then has to be sent to the state. On the other hand, if
    you are not convicted, but plead “No Contest” the traffic court
    judge can levy court costs and fees on you, and the city gets to
    keep every penny of it. Co-incidently, the court costs and fees will
    end up being about the same amount as the fine. So the question
    becomes, how does the city get its traffic ticket money without the
    drivers being priced out of auto insurance or losing their driver’s
    licenses altogether from the accumulation of points from traffic
    ticket convictions? It does this by granting ticketed drivers
    “Deferred Adjudications”, “Probations” and “Dismissals” for taking
    court ordered Defensive Driving School. During those periods of
    economic down turn and high unemployment, our states, counties and
    cities struggle with budget short falls. It is during these poor
    economic times that more tickets get issued. Unfortunately, when
    prosperity returns, the states, cities and counties don’t stop
    issuing tickets as previous levels, as they have become dependent
    upon this source of revenue. Issuing traffic tickets has become and
    will continue to be a growth industry. You can’t stop them from
    issuing you the ticket, but there are ways to keep it off your
    record. That is the most important goal you will accomplish. This
    book is going to start in the beginning. You’ve already got a ticket
    or you probably would not have bought this book. Lets look at what
    you can do from today on to minimize the tickets you will get in the
    future. If you observe speed limits and traffic laws you probably
    won’t get a ticket, but that isn’t always the case. More tickets are
    issued for speeding than for any other traffic offense, and even a
    perfect driver lime me occasionly gets a speeding ticket every now
    and then. The truth of the matter is that law enforcement officers
    occasionally make mistakes and ticket an innocent driver. It is
    impossible to drive safely and reasonably and not eventually get an
    undeserved ticket. However, most of the time you do deserve the
    ticket. Either way, you’ve got a ticket. So what do you do to
    minimize your chances for getting a ticket? 1. Does your car attract
    attention? Is it going to catch a Cop’s Eye? Hopefully not. Your car
    should be neat, clean and in good repair. If it is old, the body,
    paint and tires need to be in good condition. Avoid: dark tinted
    windows, obnoxious bumper and window stickers, and state issued
    numbers attract less attention than personalized license plates. 2.
    The cops can see you, can you see them? Even if you never speed, the
    use of a radar detector is recommended. You need to know when there
    are police in the area that are using radar. There’s just something
    about driving a car, seeing a cop with a radar gun and having a
    heart attack, even if you’re not speeding. It also helps to get an
    early warning. When the detectors go off, as fast as you can, check
    the traffic around you and if it is safe to do so, quickly and
    firmly put your brakes for only a second or two. This will drop your
    speed very quickly, will confuse the officer (the radar numbers will
    change instantly) and you will know exactly what your speed is when
    you let off your brakes. You can then safely accelerate back up to
    the speed limit and set your cruise control. Unless there is a
    problem, you don’t want to be driving much under the speed limit, as
    that attracts a cop as much as a speeder, and it creates a traffic
    hazzard. 3. For road trips, invest in a CB radio. Check the channels
    and pick up the truckers in your area. They will see and report the
    cops on the radio miles before you will see them. 4. Try to keep
    the sun out of your eyes, and keep your eyes open. Be looking for
    situations that would provide good hiding spots for a cop with a
    radar gun. Look in the medians, on the shoulders behind trees, on
    over-passes, watch your rear-view mirror constantly and closely. 5.
    When you are driving, your eyes should always be moving. They should
    always be moving between the road, your rear and side view mirrors,
    your instrument panel, the other traffic, both coming and going, and
    the surroundings, allowing them to rest for only a moment each time
    you move them to a different subject. Constantly be alert and aware.
    Keep the radio on or play some music. Talk to your passengers. Keep
    your mind working in as many ways as possible. This will actually
    keep you from getting sleepy or sluggish, it will help you to spot
    the cops and will keep you alert while you are driving. 6. Check all
    the gages on your instrument panel. Make sure that you know your
    speed, that your oil pressure is ok, that your battery and
    alternator are working and that your engine is not overheating. 7.
    Never put packages or cargo in your car that will even partially
    obstruct your vision through any of the windows! 8. When you are
    watching the traffic keep an eye out for cars coming up from behind
    that are traveling at high rates of speed. Speed differential
    between vehicles traveling in the same direction is not only the
    number one cause of highway accidents, but also the cause of cops
    being confused by which car is actually doing speeding. 9. This has
    nothing to do with avoiding tickets, however, it may keep you alive.
    Avoid driving traps. These are situations where your car is
    surrounded on two or more sides by other vehicles (especially
    trucks) or immovable barriers. These movable and immovable barriers
    may prevent you from being able to make an evasive manoeuver to
    avoid an accident.

    10. However, if you are in a pack that is traveling
    over the speed limit, try to stay in the slow lane as much as
    possible and try to be next to, behind or in front of a big truck.
    The radar fixes on the larger vehicle. 11. Always observe the “2
    second” rule for keeping the proper distance between your front
    bumper the rear bumper of the vehicle in front. Watch the car in
    front. When its rear bumper passes a road mark (tree, sign, bridge)
    your car should not pass the same road mark less than 2 seconds
    later. This rule automatically adjusts for speed of the cars, and
    will allow enough time and distance for you to come to a complete
    stop before you hit the car in front. This will not only help you
    avoid a high-speed accident, but will also eliminate the possibility
    of a cop pulling you over for reckless driving (tail-gating). 12.
    They don’t look like they did. Police and Highway Patrol cars aren’t
    necessarily large 4 door, black and white sedans with a rack of
    lights on the top. They paint them solid, non-black and white
    colors. Some are smaller 2dr models. Some are SUV’s or Pick-up
    trucks. The flashing lights are often in the front grills and rear
    windows. They still mainly park and use radar to pick up speeders,
    so watch for the un-marked police vehicle parked where a cop would.
    If you suspect anything at all, always let off the gas. 13. The
    radar being used today is not uni-directional. It can also be used
    to determine speed by calculating speed differentials. In other
    words, the cop can be traveling the opposite direction on the road
    as you are, but can use the radar to accurately calculate your
    speed. They can also get a good radar fix while traveling in the
    same direction as you. They can get you, coming or going.14. Keep a
    watchful eye around exits, on-ramps, marked u-turns, medians and
    access roads on divided highways and Interstates. Cops in patrol
    vehicles and on motorcycles have lots of options for successful
    radar targeting of speeders in and around these types of areas.
    15. In many of the Western States, where there are vast
    scarcely populated areas, states use aircraft to time vehicles
    between mile markers painted on the highway (you’ll be able to spot
    them as you are driving). The pilot radios the calculated speed to a
    ground patrols….this can be done without the use of radar.
    Generally there clearly marked warning signs posted that speed is
    controlled by aircraft patrols. Aircraft patrols are extremely
    difficult to detect. Just be very alert, keep an eye out for the
    posted signs, the markings on the roads and small aircraft following
    along the highway. When being pulled over there are procedures and
    protocols you should follow. In his excellent book,
    A Speeder’s Guide to Avoiding Tickets, The Essential Manual for Life
    in the Fast Lane
    , Avon Books, Inc., 1350 Avenue of the Americas,
    New York, New York 10019, 1990, by James M. Eagan, Sgt. Egan,
    N.Y.S.P. (Ret.) offers incredible insight into the psychological
    make-up of a traffic enforcement officer. For future reference, this
    book is well worth the nominal price. I bought mine from Amazon.com.
    Officer Eagan tells us that a police officer is motivated by two
    great psychological factors and that these two factors impact
    everything the officer does or will do. Knowledge of these factors
    makes the officer’s actions rather predictable. These two factors
    are fear and ego. At both the conscious and subconscious levels a
    police officer is always in a defensive mode because of the fear of
    being injured or killed. Their survival instincts are much more
    developed than those of others. Police are also egotistical, and if
    not by nature, are trained to become so. Put the officer’s fears at
    rest and feed his/her ego, watch what you say, what you do and you
    may have a chance of getting the warning and not the ticket. 1. As
    soon as you have seen that you are being stopped, if it is at night,
    turn on your interior light then put your right arm out and elbow up
    at a 90% angle and wave your hand side to side. This signals to the
    officer that you are aware of his presence, and at least for the
    time being, acknowledging that it is you he wants to stop (sometimes
    he’s not after you, but you won’t know until he has passed you by).
    He knows that you are fully co-operating at this point. Continue
    your visible co-operation by pulling over the right shoulder of the
    road (never pull over to the interior median) as quickly as
    possible, safely changing lanes if necessary and properly using your
    turn indicators. 2. Pull your car off the right shoulder as much as
    possible. If you can do so safely pull your car over far enough for
    the officer to be able to park his vehicle between your car and the
    roadway. That way he can safely approach your car with his own
    protecting him from the traffic. 3. Roll your drivers’ side window
    all the way down. If it is dark, turn on the interior light and put
    both of your hands on the steering wheel and wait for the officer to
    approach your car. Do not start looking for your drivers license,
    vehicle registration, proof of insurance or anything else before he
    requests that you do so. From his perspective, it causes your head
    to disappear and the glove box to open where you may, for all he
    knows, be getting your gun. Just sit still with both hands on the
    wheel. You may have to wait while he runs your license plate
    through the computer, but just be patient. By all means DO NOT GET
    OUT OF THE CAR. Just sit still.4. According to officer Eagan, unless
    you have really aggravated him by driving way over the posted speed
    limit, failing to see that he is trying to pull you over, doing
    something really reckless while pulling over (like slamming on your
    brakes or not looking before changing lanes), or doing something
    that scares him (opening your glove box before being told to do so,
    getting out of the car before being told to do so, or demanding an
    explanation from him before he has spoken to you) then he has not
    really decided if he is going to write you a ticket or give you a
    warning. That will depend upon how you continue to reduce his fear
    and feed his ego. 5. When he talks, look him straight into the eyes
    (even if he is wearing dark sunglasses). He wants to see your eyes,
    but does not want you to see his. Don’t give one syllable answers.
    When he asks for your license, registration, proof of insurance,
    etc., just say “sure”, “certainly”, “OK” or something like that, be
    friendly about it, and then BREAK EYE CONTACT WHILE YOU LOOK, which
    will alleave some more of this fear. While you are looking for the
    documents, you can start talking to him. 6. When he comes up to your
    car, the officer has no desire to have a conversation with you,
    however, this is your chance, your only chance, and you’ve only got
    about 30 seconds to tell him your story.7. Even though no lawyer in
    his right mind would tell you to do this, officer Eagan tells us
    that the best way to avoid the ticket at this point is to be
    perfectly honest with the cop. Tell him the truth. Admit that you
    were going too fast. Tell him why you were speeding, and again
    remember to be truthful. Be truthful even if it means saying “I was
    speeding because I was bored”. Finally ask him to show you mercy and
    give him all the reasons you can think of why its important that he
    should.

    8. Stay positive, don’t grind on him, don’t mutter
    to yourself. Feed his ego and give your self a chance for a warning.
    The consequences of a traffic tickets are serious. In addition to
    expensive fines, insurance premiums go up, your insurance can be
    canceled and with enough convictions, you can loose your driving
    privileges. It is therefore important to challenge tickets and avoid
    convictions, or take action to keep traffic ticket convictions off
    your record, as the consequences of not doing this are very
    serious. It is interesting to note that between 80 % and 90% of all
    ticketed drivers simply pay the fine. They don’t do this because
    they like paying tickets, it is because most drivers don’t know what
    the options are. It is a simple matter to find out what the fine
    will be on a ticket if you’re just going to pay the fine. This
    information is often it is printed on the back of the ticket with an
    address where the fine can be mailed. If this information is not on
    the ticket, just call the court (whose contact information will be
    on the back of the ticket) and the court clerk will be able to tell
    you what your fine will be.

    Today most traffic courts would rather you not be
    convicted on your traffic ticket. This is because if there is a
    conviction, the court must send a portion of the fine to the state
    government. If, however, there is a “No Contest” plea on your part,
    the court is not required to convict and charge a fine. The court
    can choose to put you on Probation, give you a Deferred Adjudication
    or order your ticket dismissed upon completion of court ordered
    Driving School. If this is the case, then with a conviction you can
    be charged court costs and fees, allowing the court to keep all of
    the costs and fees for the local municipality or Justice Court.
    These are generally called deferred adjudication cases (the name
    varies from jurisdiction to jurisdiction) and accomplish two very
    valid purposes. First, they generate income for the ticket issuing
    authority and second, they keep the ticket off your record. No
    conviction, nothing reported or appears on your driving record
    equals no points equals no insurance rate premium increase. If for
    what ever reason you do want to fight the ticket, you will need to
    get a court setting on a date certain. Sometimes this can be a
    problem. If it is a big city, then many times there is more than one
    setting. The first time you go to the court house, there will not be
    a trial, you will just be given a date for the trial. In smaller
    jurisdictions, the problem is not too many cases, it may be too few.
    The judge may only hear cases once or twice a month, and you have to
    be available on those dates. In any case, be sure and call the court
    clerk and be sure you understand the way that particular court
    works. Each court is different. One last thing. Always be pleasant
    when speaking with the clerk. Don’t get angry or try to put them in
    their place. We call them “court house people” and they can make
    your life miserable. Just make sure to stay on the good side of the
    court house people. Follow the Golden Rule. They can be very helpful
    if you are nice. Often you will have an option of taking Driving
    School, Defensive Driving Class, or Traffic School (the name varies
    from jurisdiction to jurisdiction) in conjunction with a Deferred
    Adjudication of your case. This isn’t bad, its good news. Driving
    school is usually 8 hours of class, but you will learn quite a bit,
    and many insurance companies will reduce your premiums by 10% to 15%
    each year for as much as 3 years after you have taken and completed
    the course. However, there are generally limitations on taking
    Defensive Driving School. Usually, a driver is limited to taking the
    course once every 24 months. Also, most states will not allow
    dismissal for Driving School in the case of speeding more than 15
    miles over the posted limit. Concerning increases in your insurance
    premiums, almost all states now have a point system which dictates
    what your insurance premiums will be. If you get a ticket or are in
    an accident (it doesn’t matter if your are at fault or not) you get
    points on your record. The points can stay on your insurance driving
    record for three years before they drop off. If you get too many
    points, your insurance carrier can cancel your insurance. Generally
    speaking, deferred adjudications and dismissals for Traffic Schools
    will not appear on your driving record and will not affect your
    point score. Be sure and check this with the court. It is possible
    to loose your driving privileges for too many tickets or accidents,
    however, this does not happen very often. As a general rule, a
    driver will not get a license suspended unless there is a major
    violation such as DWI/DUI, reckless driving or causing an accident
    with a serious injury. However, most states discriminate against
    younger drivers and have statutes for drivers under the age of 18.
    If you are 18 or younger, you can loose your driving privileges for
    as few as two traffic ticket convictions or two accidents in a 24
    month period of time. As a practicing trial lawyer of nearly 30
    years in the courtroom in front of judges and juries, I recommend
    that you:

    1.
    Consult a traffic ticket attorney to represent you should it become
    necessary for your case be tried. This is not about how smart you
    are, or how smart the police officer is or the judge for that
    matter. This is about the fact that the law is complex and full of
    technicalities. As a matter of fact, the law is technicality. In
    many ways this is not about the truth. It should be, but it may not
    be. This is about being trained in the law and in law enforcement
    and about lots of experience. This is about human relationships. Its
    about people that see each other every day within the context of a
    traffic court. The lawyers know the judges and police officers and
    they all know each other. They also know what the local practice and
    custom is. There is no way that a short traffic ticket manual can
    prepare you to walk into a situation like this and have a clue of
    what is going on or what is about to happen. 2. Hiring
    an attorney to represent you is about hiring cool-headed detachment,
    knowledge, experience and objectivity. It is not possible to be
    detached and objective if you are representing yourself. Although
    you can clearly “see” and “understand” what happened, it may not be
    at all that clear to the prosecutor or judge. It is amazing how
    often they just don’t “Get It”. He or she may just not understand
    your side. Then you get convicted on the ticket. Pay a fine and you
    get points on your driving record. 3. I believe in this concept so
    strongly, that I have always hired another attorney to represent me
    and the members of my family when we get traffic tickets. I just
    turn it over to the other attorney and forget about it.4. There are
    valid reasons why you might not hire an attorney to handle your
    traffic ticket case. The first reason that comes to mind is the
    expense. Yes, lawyers charge for their services, however, their fees
    are reasonable in relationship to what is at stake. For example, if
    you are convicted on a particular speeding violation it may be a
    $125.00 fine and your insurance rates go up $400.00 a year for 3
    years. That’s $1,325.00 dollars. The attorney may charge you
    something like $100.00 plus court costs of $75.00 for a total of
    $175.00, you agree not to get any more tickets for the next 60 days
    and the ticket is dismissed. That is a huge savings and is much,
    much easier…mentally, emotionally, physically and financially. 5.
    Another reason you may not hire an attorney is because you do not
    know how to find a traffic ticket lawyer to handle your case. This
    may actually be the best reason. I live and practice law in a large
    metropolitan area where we have millions in population and more than
    15,000 lawyers in the county. However, most of those lawyers would
    be hard pressed to name just one traffic ticket attorney. Its hard
    to find them even in the yellow pages. There is no listing for
    traffic ticket lawyers. Those that practice traffic ticket law are
    relatively few in number and not particularly easy to find. However,
    they are the ones who really know how to handle tickets, and they
    handle them in large volumes. Obviously the purpose of the
    traffictickets.com website is to help those with tickets find
    lawyers to represent them. The easiest way to find one is to GOTOBUTTON BM_1_ www.traffictickets.com
    to find your traffic ticket lawyer.

    6. A
    third reason is that you simply do not want to hire an attorney to
    handle the case, that you would rather handle it yourself. Although
    a valid reason, you should keep in mind that you are at a marked
    disadvantage if what you want to do is win the case and have the
    ticket dismissed. If that is your aim, then allow plenty of time to
    prepare your case. Organize it well and write everything out that
    you are planning to say. It looks much easier on TV and in the
    movies than it really is. Be polite, pleasant and to the point. The
    judge does not like un-organized time wasting cases. Have your
    witnesses, photographs and other evidence ready. Do not expect to
    make your case from the officer’s testimony. His job is to make sure
    you are convicted, and he will be good at his job. Your job is to
    show that your driving was safe and prudent or that the officer was
    mistaken. The shorter and neater your case, the better your chance
    of winning. 7. If you must handle your own case then set a goal or
    objective that you can reasonably expect to achieve, which is: You
    want to keep this ticket off your driving record. The real problems
    start when you get tickets on your record. Deferred Adjudication
    through a No Contest Plea on your ticket. You will pay court costs
    and fees, however, the total won’t be much more than just paying the
    ticket would have been. Another option is Defensive Driving School
    or Traffic School. Upon a No Contest Plea, Courts will often give
    the option of taking a Defensive Driving School in lieu of
    conviction. Again, there are court costs to pay, and the cost of the
    Defensive Driving School (about $50.00), however, the total cost it
    will usually not be much more than just paying the ticket on a
    guilty plea would have been. Some jurisdictions may not have these
    programs, but may have similar options by different names. Describe
    to the clerk, prosecutor or judge what you want. This chapter is
    about what happens when you don’t take care of business. 1. When you
    are issued a traffic ticket, you have a certain number of days in
    which to pay the ticket fine or set the case for trial. 2. If you do
    not take care of the ticket within the deadline, the ticket will go
    into “Alias” status and a Warrant issued for your arrest.3. In
    addition to the original fine there may be additional charges or
    court costs added on.4. If you are stopped for a traffic violation
    and have an outstanding Arrest Warrant for an earlier ticket, you
    will be arrested, and if you are driving by yourself, your car towed
    away and impounded. When you get your car back you will be charged
    towing and impound fees for each day the car is in the “pound”. The
    fees to get the car back can be well over $100.00. 5.
    If you have children in the car and no adult passengers, the officer
    has the option of calling Child Protective Service to come and get
    the children while you are being taken to jail. However, usually the
    officer will let you call family or friends to come and get the car
    and the children. 6. You will be hand-cuffed, read your rights, sent
    to the jail in the back of a police cruiser, finger-printed,
    photographed, booked and then thrown into the drunk tank until a
    friend or family member posts your bail.7. In addition to having to
    post a separate appearance bond for each of your traffic tickets
    that have gone into Warrant status, your friend, family member or
    lawyer, will also have to post bond for the amount of the fines and
    court costs on each of the tickets.8. Then you get your lawyer and
    go to court. All of that having been said, what do you think? Do you
    want to take care of business or not? You should always vote for
    taking care of business, it simplifies your life and you don’t have
    to check that box for the rest of your life that appears on every
    document you’ll ever sign: “Have you ever been arrested?” That point
    having been made, lets say you have a warrant or two out there for
    un-paid traffic tickets. What do you do? Hire a lawyer. Your lawyer
    will post appearance bonds so that if you are stopped you won’t be
    arrested. He will then go to court with you and work out a,
    hopefully, favorable and reduced sum (fine and costs) of money which
    you will immediately pay to the court for not having taken care of
    business. What if you go down to the court house and try to take
    care of it yourself. You’ll get arrested as soon as you tell them
    who you are. Really! Don’t mess with warrants….hire a lawyer to
    help you. Winning a ticket traffic court isn’t easy, however, these
    tips should help. 1. Read your ticket carefully. Speeding and
    traffic control violations are the most common offenses. Did the
    officer get the who, when and where correct? What about license
    plate numbers, time, date and place of the offense? Mistakes in
    identification are legal defenses and they work. Simpler mistakes
    such as year, make and model of your car are less important. Write
    down all of the mistakes on the ticket. 2. Was it possible for the
    officer see the offense? Did he stop the right car? These are
    factual defenses. They can raise doubt. Write down all of the
    factual defenses you can think of. 3. In most states a traffic
    violation is a criminal offense, generally it is a Class C
    Misdemeanor (the lowest criminal offense there is). As such, the
    ticket itself is not the document with which you will be prosecuted
    in court. After issuing the ticket, the officer swear out a criminal
    complaint. You will be tried on the officer’s Sworn Complaint that
    sets out the crime with which you are being charged. Compare your
    ticket and the complaint carefully. Is there a difference between
    the information on the complaint and that on the citation or ticket?
    If there is (this is called a variance) then the variance could be
    “fatal”, which means that the case against you will be dismissed.
    If you can find any type of variance at all, argue that it is fatal.
    4. In some instances the posted speed limit is absolute, for
    example, in a Posted 20mph School Zone, if you go 21 miles an hour,
    you have a violation. However, most of the time exceeding the posted
    speed limit merely creates a presumption you were driving at an
    un-safe speed. The presumption in favor of the posted limit is what
    lawyers and judges call “rebutable”. That is, as the ticketed
    driver, you are allowed to present evidence that you were driving at
    a safe, reasonable and prudent speed under the driving conditions at
    that time, eg., you were driving during daylight, conditions were
    clear, the sun was shining, the road surface was dry, traffic was
    light, visibility was good for miles in every direction. Obviously,
    the more over the limit you were traveling, the harder this defense
    becomes. However, particularly on highway speeding tickets, this
    defense has been successfully argued many times. Expect that once
    you have presented your evidence (your testimony, your passengers,
    photographs of the location, etc.) To rebut the posted speed limit
    presumption, the officer can rebut your arguments. Expect to hear
    him testify that you were driving too fast under the conditions to
    be safe, the tires on your car were bald, the road was not flat and
    straight, etc. 5. If radar or laser was used, did the police officer
    properly calibrate the radar or laser timing device before using it
    to calculate your speed? Was the officer properly trained? Quite
    frankly, this type of a defense is very technical and should be left
    to an attorney. Should you decide to ask these questions, expect
    that the officer will have all the right answers. 6. If you are
    uncertain about whether or not to fight your ticket, call the
    clerk’s office and plead not guilty. You will be assigned a court
    date. Be sure and ask what your options are as far as pleading “No
    contest”. Often you can enter this plea and be given a fine and a
    deferred adjudication. If you do not receive another traffic ticket
    within a specified period of time, the case is dismissed, and the
    ticket does not go against your driving record. 7. If the officer
    doesn’t appear for the trial the judge should dismiss your case. The
    non-appearance of a police officer is not uncommon for many reasons.
    If you were ticketed for a serious violation the officer will
    probably be there. If it is not a serious offense and you have
    managed to have the hearing re-scheduled several times, the officer
    is less likely to show up. Try to get your trial date postponed as
    many times as possible. It is normal for us to be nervous when we
    are in an unusual situation where the outcome is very important and
    depends upon how we talk and conduct ourselves, but here are a
    couple of tips: 1. Catch your breath. Many times when a person is
    nervous, they can’t catch their breath when they are speaking. They
    just can’t get enough air in their lungs, precisely because they
    can’t relax enough to even breath. SOLUTION – Take ten full
    deep-as-you-can breaths, filling your lungs from the bottom up
    (starting with your stomach), and take each one through your nose.
    Also expel each of these breaths through your nose. This may take a
    while, best not to do it in open court, but asked to be excused for
    a moment to “catch your breath”. You will be amazed at how well this
    works and how simple it is to do. 2. Write it down on a note pad.
    When we are nervous or under stress our brains tend to seize on us.
    The best prevention here is to write your questions, thoughts,
    notes, etc., nice and neat (so you can read them at a glance) on a
    note pad. Always maintain a positive attitude, don’t get mad and
    loose your temper, follow the above two recommendations and you will
    be composed, look and like a pro when dealing with those authority
    figures.