Monday, September 26, 2011
Tuesday, September 20, 2011
I grew up hearing that if someone was hurt on your property it was automatically YOUR fault.
I was in law school when I learned that was NOT TRUE.
It has never been true. But, like most myths, there is an element of truth. First of all, property insurance sometimes has a provision called medical payments.
Medical payments can be made regardless of fault So it is not liability based at all. For example, if you are playing basketball at a friends house and just fall, med pay can take of bills, usually up to 5,000.00.
Understandably, the other basketball players know you fell and then they hear an insurance company paid you.
However, for the homeowner to actually be liable, there would have to be fault. In the law, it is called negligence.
An example of negligence would include a homeowner leaving a cord across a dark walk, not covering a hole or warning about it or having a viscous dog.
David B. Peel, an injury attorney, often speaks to churches, clubs and groups without costs. He may be reached at www.PeelLawFirm.com.
Thursday, September 8, 2011
What to Do After an Accident
You thought they were going to stop.
They pulled right out like you were not there. There was no way you could avoid them.
You may have found yourself in this situation before. After an accident, people are stunned, injured, scared. Massive amounts of adrenaline dull pain in what is known the “fight or flight” response.
Post accident response in a serious collision is one of the things that you need to think through now, because at the time it is unlikely you will be thinking as clearly.
Here are steps you can take:
1. It is usually recommended that you stay in the car unless there is actual fire or burning or someone else is in immediate jeopardy. (The whitish powdery smoke you will see is from the airbags, more than likely, and is not dangerous.) Cars rarely catch on fire, but it can happen. Be careful, as many people are hit as pedestrians by passing motorists after an accident.
2. Dial 911. It is best that an ambulance with trained first responders evaluate everyone involved. Self-diagnosis after such an impact is difficult and even dangerous. Especially in cases of undiagnosed head or spinal trauma, permanent damage can be done by movement.
3. If you or another are able and out of the car, take cell phone photos of the scene. This proves the arrangement in case the cars are moved before police investigate. Do not get into fault discussions with the other parties.
4. Do accept treatment and recommendations from first responders. They are in a much better position to decide what you might require. Transport to a good Emergency Room, not necessary the closest, is desirable.
5. Follow up with general doctors and specialists as you require. The “muscle tightness” after the wreck is likely to be severe pain in the days following.
6. Contact your insurance company; and consult an injury attorney to discuss your right and responsibilities, if you believe you were not at fault.
Much like having a fire drill, these steps should be thought through before it happens. The Department of Transportation's National Highway Traffic Safety Administration estimated that 37,313 people were killed in motor vehicle traffic crashes in 2008. Motor vehicle collisions the leading cause of injury death among children worldwide 10 – 19 years old (260,000 children die a year, 10 million are injured) and the sixth leading preventable cause of death in the United States (45,800 people died and 2.4 million were injured in 2005). Odds are good that you will be in at least one crash during your lifetime.
You will have an idea of what to do if that happens.
David B. Peel is a local injury attorney who assists victims of car and truck accidents. Mr. Peel often speaks to civic clubs, churches, Sunday Schools, and other groups without charge. He may be reached at www.PeelLawFirm.com wherein other article may be found as well.
Thursday, September 1, 2011
YOU MIGHT BE RICH!
What is rich?
For most people, it is about 40-50% more than whatever you make.
So, if you work full time in fast food at $8.00 an hour, you make about $16,000.00 a year. Therefore, if your friend lands a job making $25,000.00 a year, he might seem rich by comparison. Oddly though, this trend continues even among very high earners. So some someone make $150,000.00 a year is still likely to look with envy upon his neighbor who earns $215,000.00.
Oddly, the lesser earner often tends to believe that the higher earner should be able to live on the lesser salary and give the rest away. This creates class warfare and fights about tax fairness.
However, United States residents, even relatively poor ones, are wealthy beyond what most others dream of.
Until you spend time in India or Africa, I would argue you may not have seen real poverty. There, millions each day only seek two items: potable water and food. In some areas, they also seek firewood. Not much else, and certainly not cable and a cell phone.
Three billion (3,000,000,000.) people live on less than $2 per day.
About 1.3 billion (1,300,000,000.) get by on less than $1 per day (mostly women).
Microsoft CEO Bill Gates has more wealth than the bottom 45 percent of American households combined.
Wealth vs. poverty is relative. In the United States, the poverty level is $22,050 for a family of four and the average is just over $40,000.
In Haiti, Honduras or Uganda, you could move there and live like a king with either salary.
You may not have a nice car, but even having a car is not actually required. I know, I like them too, but it is true. In many cities, adults never learn to drive and ride a bus or a bicycle. Most countries know nothing of our car culture. I think it should become a normal, mandatory requirement for students to go to a place like Haiti to graduate high school.
In the United States almost everyone has: Food, clean water and shelter and enough clothing to wear for weeks.
We should help others and be grateful for our ability to do so. You will find it is impossible to be both grateful and greedy at the same moment.
Then He said to them, "Watch out! Be on your guard against all kinds of greed; a man's life does not consist in the abundance of his possessions." Luke 12:15 NIV
David B. Peel, an injury attorney, earns his living locally, where he often speaks to churches, clubs and groups without costs. He may be reached at www.PeelLawFirm.com.