HEADLINES: Going Deeper

Headlines

We've all heard the saying "the Large print giveth the small print taketh away"

And as a principal of contract law, that is pretty accurate.

But there's another thing that takes away and that is the largest print: The headline.

Let me give you an example. John DeLorean is known for his pioneering style in creating the DeLorean DMC 12 automobile. While underpowered, it's stainless steel construction in going doors made it unique among all automobiles.

Unfortunately, he was arrested and tried and was unable to see success as a car manufacturer. He was actually exonerated in the trial from what I understand; however he was convicted in the court of public opinion. His car company did not survive.

It goes the other way as well. O.J. Simpson was found not guilty of killing his wife and a young man with her. However in my mind and I think the mind of most thinking individuals, he is guilty as sin. One doesn't have to look very far to realize that it takes an act of utter rage to stab people through their skulls. Clearly that was not a robbery. It was spurned love turned to rage.

Oddly, in the civil trial he was found responsible for the killings. But either way he was so burdened by public opinion he was never able to do a lot more with his persona. That is until he was actually arrested and convicted of a messy attempt at gaining back some of his memorabilia that had been lost.

There's a saying in journalism that says something like the assertion is on the front page and the retraction is on page 4. And that is what is so sad about public opinion. There are narratives (like climate change) and if an act seems to fit into a narrative, it just gets swept up in that.

My favorite example is the McDonald's hot coffee case. Everyone sees that term and rolls their eyes collectively at the ridiculous amount that this woman who was dialing the wheel of jackpot justice just got awarded. But they don't look at the facts underneath the case. They may or may not ever agree with the case, but they haven't done enough fact checking to even make an opinion about it in my opinion.

It is not an educated man's position to simply parrot what other people say without checking it out. That is what sheep do. They follow the leader. Educated people are designed to be the leaders, the leaders in thought and action.

If you look further into the facts of Miss Stella Liebeck's case against McDonald's, you may determine that actually she didn't receive much of anything and there was a grave injustice to her by the people at McDonald's who were putting profits ahead of people. It wasn't as simple as one might think. So that brings up the idea of thinking. An educated person must look at the facts underneath an assertion and determine whether or not they hold up. But that takes mental effort. I'm afraid as an American consumer, we are used to other people doing the thinking for us. It's so easy to Google it or check Wikipedia that we don't make a lot of our own findings.

You can see that very clearly with the gun-control debate. Every time there is a mass shooting that fits the narrative, it is trumpeted as another failure of gun control and the need of many more restrictions upon law-abiding people. If you look underneath that, you might find that if there were guns in the gun free zone more shootings would be stopped in two seconds. After all that's why the police arrive there with their guns, to stop the shooter. Wouldn't it make sense if there were someone already there with the guns to stop a shooter?  Since you can't get rid of all guns it makes a lot more sense to stop gun free zones so that criminals cannot pick off defenseless victims like ducks at a shooting gallery.

The French have really strong gun control. SWAT teams were able to get into that theater thirty-one minutes after people were being executed. It reminds me of the old saying "when you need help in seconds police are only minutes away".

I challenge you, my loyal reader, to make decisions only after you've looked into the assertions and the foundations that underlie them.



Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

NEED AN UMBRELLA?


Even if it’s not raining, you may need an umbrella. “Umbrella insurance,” that is. As an injury attorney who sees terrible accidents and tragedies every single week, I commend to you the idea of umbrella insurance.

Umbrella insurance is basically additional liability insurance. It is designed to help protect you and yours from major claims or lawsuits. Having $1,000,000.00 to pay out if you cause a huge loss protects your assets.

This unique kind of insurance provides additional liability coverage above the limits of your homeowners, auto, boat, ATV, and farm insurance policies. It affords more liability coverage on any rental units you may own. It kicks in when the liability limits on these other policies has been exhausted. Umbrella coverage also covers the odder claims that may be excluded by other liability policies including: false arrest, libel and slander.
Examples might include:

• Injuries to other parties due to a serious car accident where you are at fault, like rear-ending a full school bus.
• You show a gun to a guest and it goes off, causing them to lose their foot.
• Injuries sustained by a guest in your home due to a fall in that hole your son dug.
• Harm caused to the postal worker as a result of your dog attacking him.
• Damage claims incurred when your pet rips a friend's priceless oriental rug to shreds.
• Injuries sustained by a neighbor's child who fell off your trampoline.
• A child is found dead in your swimming pool.
• Someone trips over a crack in the sidewalk of your rental property and sues you for damages.

The odd cases of slander (an injurious spoken statement that is false) or libel (the same, only in written form) are indeed rare, but not unheard of.

Let's say you rear-end that school bus. The cost of the injuries you cause to others is $500,000. Let's further say that the Bodily Injury limit on your auto insurance is a generous $300,000. Your auto policy will cover $300,000 of the injuries. Your assets are in jeopardy for the rest. But your umbrella policy will cover the amount above the limit set in your auto policy, up to the limit you choose for your umbrella policy (usually $1,000,000.00).

Umbrella insurance is not that expensive. However, be aware that it requires a higher minimum bodily injury limit (usually $250,000-300,000) on your auto policy to qualify for an umbrella policy.

FREEDOM!

FREEDOM?

“Freedom” is an overused, but unappreciated word in the United States of America. As an attorney, I am familiar with the freedoms spelled out by the founding fathers in the first ten amendments to the Constitution, known to us as the “Bill of Rights.”

The Second Amendment is the one that gives us the “right to keep and bear arms.” It simply recognized a natural right. James Monroe included "the right to keep and bear arms" in a list of basic "human rights", which he proposed to be added to the Constitution. In fact, Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense, resistance to oppression, and the civic duty to act in concert in defense of the state.

Noah Webster may have put it best when he said, “Before a standing army can rule the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.”
That is, the threat of an armed populace is the last remaining check on the tyranny that England had endured after being disarmed. George Mason argued the importance of the militia and right to bear arms by reminding his compatriots of England's efforts "to disarm the people; that it was the best and most effectual way to enslave them. . . by totally disusing and neglecting the militia." James Madison compared the federal government of the United States to the European kingdoms, saying Europe was "afraid to trust the people with arms." He assured his fellow citizens that they need never fear their government because of "the advantage of being armed...."

Patrick Henry, famous for his “give me liberty or give me death” statement, weighed in on gun rights: “Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.”

In the 2008 case of District of Columbia v. Heller the United States Supreme Court clarified that the Second Amendment addressed the individual right to possess and carry firearms.

Having seen many countries that do not allow firearms, like England, India, Australia and others, we do not realize just how blessed we are to enjoy this right. In England, possession of an unpermitted firearm is subject to a mandatory minimum of five years in prison!

Freedoms ignored will become freedoms lost.

LOSS OF A GIANT

LOSS OF A GIANT

“A Good name is rather to be chosen than great riches, and loving favor rather than silver and gold.”  Proverbs 22:1

The World is worse for the recent loss of Truett Cathy.  If you are like me, Chic-fil-A and its founder Truett Cathy are more than just a fast food restaurant or a great sandwich.  He showed that a principled man can be blessed in business while being a blessing others. When protested against, they offer free drinks to protesters. They give their employees a day of rest. They are different because Truett was different.

Some of his well-known quotes give some insight to his thinking:

“Nearly every moment of every day we have the opportunity to give something to someone else – our time, our love, our resources. I have always found more joy in giving when I did not expect anything in return.”

“I’d like to be remembered as one who kept my priorities in the right order. We live in a changing world, but we need to be reminded that the important things have not changed, and the important things will not change if we keep our priorities in proper order.”

And what is said about him may say even more:

“What impresses me most about Truett Cathy is that he has had the courage to follow his beliefs even though he’s pressured by the world to do otherwise. Even though the business world said it didn’t make sense to take Sundays off, Truett insisted on a day of rest.” -Larry Julian Author, “God Is My CEO.”

“I hope that people will learn from Truett Cathy the virtues that have brought him remarkable success in life. He has dedicated himself to service in the broadest sense, following Christian principles, not only in his personal life, but in his relations with his customers and employees.” Jimmy Carter, Former President of the United States.

The company reflects his generosity as well. Each year, $1.6 million is provided to help Chick-fil-A Team Members attend the colleges of their choice. Over the life of the program, Chick-fil-A has donated more than $30 million towards this purpose, helping more than 30,000 Team Members attend more than 500 different colleges and universities.

May your memory be a blessing.

Godspeed.

Character still matters, y’all.  

#TruettCathy

WHIPLASH: The TRUTH

WHAT IS WHIPLASH?

We all have seen the loads of fraudsters pour out of their barely-tapped vehicle grabbing their necks acting as if they are in agony, and none of us buy it. 

I also, as an injury attorney that sees crash victims every day, see another type of neck injuries from a crash: real ones. 

True, the X ray might show no fractures.  The Emergency room might release you back to work.  You may not be bleeding or have a broken bone or even a bruise. That does not mean all is well. The next day, when you cannot turn your head and cannot believe you are hurting, you have discovered “whiplash.”

Whiplash is the common term for “cervical strain” from cervical “hyper flexion and hyper extension.” It is pretty descriptive though.  Attached to the end of whip is small string that actually breaks the sound barrier, causing the loud “pop.”

Getting hit, from the front or rear, can cause your neck to snap through a similar scenario. We were not built for that when we were created naked in a garden.  Our necks are very flexible and our heads are quite heavy and pull the neck with it.

A rear end crash into your vehicle when you are sitting still is the classic case. Your are going 0 mph until your car is hit. Lets say the at-fault driver has only slowed to 30 mph when he hits your car.  Suddenly, your car goes from 0 to almost 30 mph in a spilt second. When your car moves, so will your seat, and thus your pelvis and torso. But, for just a sliver of time, your head stays still. Thus your neck is pulled backwards as your head remains in place, as your torso accelerates forward violently.   But for every action there is an equal and opposite reaction: now your head is thrown forward.

Biomechanical experts study whiplash injury using live human subjects and even corpses. Whiplash is real and often seems to heal less completely even than other injuries from crashes that have been traditionally viewed as more severe.

Be sure not to settle cases “Assuming you’ll get better.” You might not recover as quickly as you hope. You have only one year to sue in Tennessee for a car crash, and the sooner you treat the better chance of recovery you enjoy.

Why Practice Law in Millington, Tennessee?

Why Millington?

As an injury lawyer who practices in areas from Memphis to Covington and Ripley to Jackson, I get the question, “Why Millington?” quite a bit. Why is your office in Millington? Why not Memphis?

After all, some point out, “successful” attorneys usually have impressive high-rise offices in downtown Memphis, with sweeping views of the Mighty Mississippi River.

My views may not compare, as I am looking at Highway 51, a car wash and Millington’s only high-rise (also known as the Holiday Inn Express).  But I am content to be just where I am.  So I have no parking garages, no elevators, no gang shootings, no parking meters, no one way streets, no crowds, no panhandlers, and no angry big city folks.

But what do I have? I know Mr. Thomas that owns that hotel across the street, my dentist Kevin, and Drs. Boatwright who run a great local pharmacy. I dropped off my cleaning with Bobby this morning, and will probably say hello to Larry at the bank later this week.

It’s personal. Millington is just a welcoming place.

My Great, Great, Great Grandfather James Peel is buried at Mt. Vernon near Shelby Forest.  So roots run deep, right up through my Great Grandfather T. C. Peel being a keeper of the light on Island 40 in the River. He, my Granddaddy Chaffee Peel, and my Dad, Billy, sharecropped land on the levee in nearby Arlington. My Mother’s folks, the Griffins, raised her in nearby Rosemark. 

While my Dad’s job caused me to be raised in Southern Arkansas, I spent many a summer in this area.  Oddly, I now live right in between the homes that both my parents were raised in.

So, I could join the 3,000 or so lawyers that call Memphis home, and have an ivory tower office. Or I could build an impressive office out here.  Or, I could just be me, in my “glamorous strip mall office” and try to leave my clients and friends just a bit better than I found them.

For now, that’s plenty good enough for me.

TEN TIPS ON TEACHING KIDS TO DRIVE

TEN TIPS ON TEACHING YOUR KIDS TO DRIVE

Teaching your kids to drive safely may be one of the most important lessons you ever pass onto them. I do nothing but injury law, so I see injuries from car and truck accidents literally every single day. Driving is the most dangerous thing we do, much more so than flying, or even tornadoes and earthquakes. In fact, traffic accidents kill more than all natural disasters combined. So, sign your kids up for driving classes if you can. In any event, here are some critical things you, as the parent, can stress with your kids:

HANG UP AND DRIVE! It is reported that speaking on a cell phone while driving reduces focus on the road and the act of driving by 37%, regardless of whether it is hands-free or hand-held cell phone operation.

NO TEXTING! Because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction. Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, while blind.

SLOW DOWN! Tell them any risky moves seen by anyone, and the car may be sold. You are the parent, not the friend.

BRAKING TAKES TIME! Go to a safe place and let them feel how long it really takes to go from highway speed to a stop. It might surprise them.

NOT EVEN A SIP! For drivers 21 - 44 alcohol plays a role in almost 50% of all fatalities! Tell them, not only are you likely to kill a friend drinking and driving, but you also get a felony conviction, never get to own guns or vote, you have to go to jail and your family likely loses their house.  All that for a beer or a buzz, is just crazy!

WEAR SAFETY BELTS! Almost 70% of people who die in vehicles are not properly wearing safety restraints.  You need to set the example. They won’t drive without their music, and they should not drive without their belts.

DON’T OVERCORRECT! This is critical. Let them put two wheels on a level stretch of the gravel shoulder and just hold. The sudden sound of gravel will often cause them to jerk left violently and lose control. Steady controlled movement will put them safely back on the asphalt. Do it until they do not panic anymore. By the way, it is sadly better to hit an animal than to wreck, so cover that, too.

LOOK TWICE! It is not enough to “look both ways.” They must do that, but twice! Motorcycles are much harder to see, and even cars can seem to hide. Many people who hit and injure my clients say they “never saw” our car.  They did not see it, because they did not look twice.  

LEFT LANE IS PASSING ONLY!

CALL YOUR PARENTS: Anytime, anywhere –rather than ride with a risky or drunk driver.  You will be picked up without punishment…but alive.

FIVE NEW YEAR’S (LEGAL) RESOLUTIONS

Here are five (5) LEGAL resolutions can help yourself and your family.

1.    Shoot a video. Make a videotape of all of your household goods, just by walking through the house and opening closets and attics. If you suffer loss due to tornado, fire, theft or earthquake (optional coverage) you can easily fill out claim forms. You will be housed in an apartment or hotel your insurance company places you in, and you can just play and pause the video. See Proverbs 27:23. Be sure to store the video with family or friends and not in your home!

2.    Buy more UM coverage. UM stands for Uninsured/Under-insured Motorists coverage. On your car, you should carry at least $100,000.00 of this coverage. It is very cheap, compared to what you may receive. It only pays you, your family or those in your car if they are injured or killed by an unknown, under-insured or uninsured motorist. See 1 Timothy 5:8. It is vital. If you do nothing else, do this.

3.    Check your credit. You can do this for free, courtesy of our government, once per year per agency at www.annualcreditreport.com.  And never co-sign!  See Proverbs 17:18. This credit check will help you spot identity theft and open cards you may have forgotten about.

4.    Check your house and land for hazards. Are there rotten trees overhanging your driveway? Do you have a good fence around your pool? Is your dog properly secured?  Are your steps solid, and your stair railings tight? Are there holes in your yard? Is there plenty of lighting available at night? If you have cattle, are your fences in good shape without overhanging limbs or unlocked gates? See Exodus 21:33. Even though you are not automatically liable for injuries on your property, an ounce of prevention stops most injuries.

5.     Do you have life insurance? Many do not. It is common for grief-stricken widows to have to work two jobs to pay the funeral off. Is that your plan for your loved ones? See Proverbs 13:22. Buy insurance, and term is usually cheapest.

These few pointers may make a real difference for you this year. And, they are not nearly as hard as a resolution to lose some weight!