Sunday, May 1, 2016
$55 Million Dollar Verdict
Monday, February 1, 2016
Teen Driver Safety
SAFETY OR SPY?
As an injury lawyer, I am not surprised to repeatedly hear that crashes are the leading cause of death of 16- to 20-year-olds. Inexperience, poor judgment, peer pressure, and a feeling of invincibility conspire to cause reckless behaviors, and dangerous over-reactions while driving.
Teens don't really understand just how long or fragile life is, or how much pain their loss would cause their family and friends. Nevertheless, we all remember the scare tactics of Driver’s Education class: Blood-filled movies of real car accident victims, shown dead on the highway.
General Motors seems to think there is a better way. They call it “Teen Driver.” It is intended as a teaching tool.
The 2016 Chevrolet Malibu features this factory-installed, hard-wired technology that seems to touch almost every part of the vehicle. It will be rolled out to more vehicles soon, and Ford has a similar system as well.
Teen Driver mutes the stereo system until both driver and passenger seatbelts are fastened. Parents can even set volume limits on the radio and program speed maximums that will sound an alarm. While kids might ignore the alarms, they will face the fact that Mom and Dad will have a “Report Card” reflecting all of the following juicy information:
1. Every time a set speed parameter was broken
2. Every time a forward collision alert sounded
3. Every time a lane departure alert went off
4. Every time the safety devices, like anti-lock brakes, triggered.
In theory, the teen would also be able to prove that he or she was, in fact, driving safely. And, they may be much less likely to text or be distracted if they are mindful that swerving is recorded. While some teens are likely to see it as spying and resent the intrusion of the privacy many covet, I think it will help develop better habits behind the wheel for teens.
Given that the teen death rate is about triple compared those over 20 years old, any progress is represented as less teen funerals.
We can all agree that safer teen driving is a very good thing.
Tuesday, December 8, 2015
HEADLINES: Going Deeper
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.
Monday, November 9, 2015
Distracted driving
As an injury attorney, I see many accidents caused by distracted driving. Here are some of the biggest distractions:
1. Passengers. Passengers are distracting, especially to teens who sometimes tend to look at their passengers as they talk. Teen distraction by other occupants is the reason why they are limited under the current Tennessee graduated driver’s license scheme. Children seeking attention are particularly distracting to parents driving.
2. Cell Phones. However used, some amount of attention is diverted, if only momentarily, to the phone. In Tennessee, it is not yet illegal to talk on the cell phone while driving. Dialing a hand held is akin to texting. Some states require hands-free usage only. This still requires mental attention.
3. Texting. Texting while driving is among the most dangerous activity. This is thought to be because it requires your eyes, your fingers and your mental attention. It is thus impossible not to look away from the road on a non-hands-free system. On average, a person looks away about four seconds per text. At 60 miles per hours, this takes you down the road a football field length or so!
4. Grooming. Lipstick application, grooming and mirror-checking is best left to stop lights.
5. Eating and drinking. It takes some attention to grab and dip each fry. I have even seen a guy eat a large bowl of cereal on the interstate.
6. GPS devices. Inputting information is basically texting.
7. Rubber-necking. This derisive term is applied to the inevitable accidents that occur in the lanes near an accident scene as people slow down to take a morbid look at the carnage. Deer, bear, coyotes, cougars or turkey near the road can also cause a pile up.
8. Stuff. Dropping things, like a cell phone, lip balm, or a map inevitably leads to the blind fumbling for it. Often, when you look back up, you may only see brake lights.
9. Pets. Fido has no regard for your safety, he just wants to be in your lap.
10. Sneezes. Some folks have caused accidents as they involuntarily closed their eyes while in a sneezing fit.
11. Bees or insects. Nothing is more distracting than a wasp on your nose or a spider on your face. One lady just jumped out of her car and the unpiloted auto kept giving the bee a ride while the former driver ran behind it and watched it drive into a tree. The bee appeared unhurt.
Share this with those drivers you care about.
Monday, October 26, 2015
HOW LAWYERS GET PAID
A lawyer works for you. Therefore, since you are the boss, feel comfortable when discussing fees with a lawyer. There are several various types of fees that a lawyer can charge, depending on the type of case.
The kind of fee I charge is called a “contingent” fee. I only get paid a fee in injury and disability cases if we win. Contingent fees — typically one-third of the settlement or judgment — opens the door to the court house for those who would be unable to pay thousands up front for any attorney. In workers comp, they are capped at 20%. In social security disability cases, they are capped at 25% up to $6,000 maximum. In some cases, contingent fees are prohibited, such as in divorce cases.
Because most lawyers do “bread and butter” type letters, advise clients, read leases, and defend legal claims, hourly rates are the most common type of fee. Hourly rates will vary depending on a lawyer's experience, the type of case and location. Wall Street lawyers doing multi-million dollar mergers are going to be hugely expensive compared to a country lawyer handing a DUI in Tipton County.
The other issue with hourly rates is what you get charged for. Even phone calls to and from the lawyer are billed. This has surprised many people. Fees also are charged when the lawyer is driving to court, appearing, and returning to the office. This is called “portal to portal” and is not unusual, but is often unexpected. Since I focus on injury, death and disability cases, I hear from folks outraged about how their lawyer, “charges me just to talk to him.” Retainer fees are advanced payment based on an hourly rate. Clients put money into a trust or escrow account, and the lawyer deducts fees as services are completed. It may be a refundable or a non-refundable retainer, and the client should understand which it is on the front end.
Flat fees are usually charged when the services being provided are more predictable. It is important to ask the lawyer exactly what services and expenses are and are not covered in a flat fee. Some do simple divorces, DUI or other type cases for a flat fee. No matter which type of fee agreed upon between you and your lawyer, the agreement should be in writing.
In addition to a lawyer's fees, you might be expected to pay certain expenses. These should be discussed before hiring a lawyer, and the lawyer should be willing to provide explanations of these charges.
The expenses I routinely charge are medical records fees, filing fees, court reporters bills and expert witness charges. Lawyers can also charge for photocopying, long distance telephone, faxing, courier, postage, overnight delivery, travel and transportation.
The other day, someone called who hired a law firm off television. They were seeking a new attorney and in doing so explained that the attorney recommended a settlement that gave the attorney about three times the client’s share. It is important to know your lawyer’s philosophy early on, as that would never happen at my firm.
Tuesday, February 24, 2015
LAWYER GET SCAMMED
As an injury lawyer, I hear about newsworthy stories involving lawyers from all over the country. A San Diego attorney reportedly simply clicked on an email attachment, and days later his entire bank account was swiped clean. To add insult to injury, apparently, the bank will not cover the loss.
Apparently, the lawyer got an email appearing to be from usps.gov. Understandably, he thought it was from the United States Postal Service. He clicked the attachment as requested.
Like many people do nowadays, he banked online. Reports indicate he tried to log onto his law firm’s bank account later that day, apparently on that same computer. It did not work correctly, and he received a call from a person claiming to be with the bank. The alleged bank employee appeared to try to help him, but actually took him through a series of steps over the next several days that caused the entire balance of almost $300,000 to be transferred to a Chinese bank account. Apparently, the attachment he clicked on recorded his keystrokes.
But, that lawyer had nothing on one Iowa lawyer.
While representing a suspect in a criminal case in 2011, the lawyer was presented with documents saying that upon payment of $177,660 in taxes owed on an inheritance in Nigeria, the sum of $18,800,000 would be released to the suspect. In consideration for a fee equal to ten percent of the funds recovered, the lawyer agreed to represent him in the Nigerian transaction. Amazing.
But then, he got other clients of his to loan money to the suspect for purposes of securing the Nigerian inheritance by buying trumped up stuff like an “anti-terrorism certificate.”
When the fictional Nigerian inheritance never came, the attorney was out legal fees and, more importantly, all those loans made by his various clients never got repaid. The victims were hurt twice.
Then the ethical charges hit. He was suspended for a year. However, he was not found to have been fraudulent. In fact, the Board seemed to be amused as they wrote that he “…appears to have honestly believed — and continues to believe — that one day a trunk full of . . . one hundred dollar bills is going to appear upon his office doorstep,” the Board asserted before the commission that his conduct might aptly be described as delusional, but not fraudulent.
Be careful what you click!
Tuesday, February 18, 2014
TEN TIPS ON TEACHING KIDS TO DRIVE
Tuesday, April 17, 2012
LOTTERIES & PROBABLITIES
LOTTERIES & PROBABILITIES
Your odds of winning the multistate Jackpot Lottery are 1 in 175,223,510.
My odds are zero, because I will not buy a ticket. I don’t like that people have to lose for me to win. My injury law practice is all on a win-win basis. I like it that way.
At any rate, numbers like 175 million are daunting. None of us deal with numbers like that. But let me put into perspective just how slim those odds really are.
Let’s look at some scary things, published by the Daily Beast, you probably have never even thought about:
Death by Vending Machine Odds: 1 in 112 million
On average, two people in the U.S. are crushed to death underneath vending machines each year. Please snack responsibly.
Dying in an Airline-Related Terrorist Attack Odds: 1 in 25 million
No one has died in an airplane-related terrorist attack since 9/11. The pat-downs of elderly people and toddlers are really paying off.
Having Identical Quadruplets Odds: 1 in 15 million
Identical quadruplets would be adorable, but you wouldn’t be able to support them because you probably won’t win the lottery…
Dying From Being Left-Handed Odds: 1 in 4.4 million
It’s a right-handed world. Apparently, a fair number of left-handed people die each year from using right-handed products incorrectly.
Becoming a Movie Star Odds: 1 in 1,505,000
There’s more than one way to make money in this world, and movie stardom is a better bet than playing the lottery.
Dying in a Plane Crash Odds: 1 in 1 million
If you are too scared to board a plane, why did you just buy a lottery ticket?
Death by Flesh-Eating Bacteria Odds: 1 in 1 million
Not as rare as one would hope, but there are worse ways to die. Maybe.
Getting Struck by Lightning Odds: 1 in 1 million.
A lightning strike is probably still preferable to flesh-eating bacteria.
Dying in a Bathtub Odds: 1 in 840,000
These odds are not an excuse for your young sons to stop bathing. Sorry boys.
Dying in an On-the-Job Accident Odds: 1 in 48,000
This is something I see on a regular basis.
Murder Odds: 1 in 18,000
Hopefully it won’t be over a lottery ticket, but if it is, at least your murderer probably won’t win, either.
Dying in a Car Accident Odds: 1 in 6,700
It is the most dangerous thing most of us will ever do. (Good luck driving to the store to buy that lottery ticket.)
I know, you are thinking that the slimmest odds are better than none, right? Someone has to win, and you figure, it could be you?
How would you feel about a man standing in field waiting on some collectable space junk to just randomly fall out the sky that he could sell for millions? Sounds crazy, right? I hate to be the bearer of bad news, but statistically you would be better off following his lead than trying the larger lottery odds.
Injury Attorney David Peel founded the Peel Law Firm in Millington in 2000. He makes himself available to speak to organizations, churches and civic clubs at no cost. To contact him and see more articles, visit PeelLawFirm.com
Tuesday, September 20, 2011
HURT ON YOUR PROPERTY?
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
Accidents
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, August 11, 2011
Trusting in the Provision or the Provider??
TRUSTING IN THE PROVIDER
Sometimes it is quite clear what God is teaching us. In the last several years, I have friend after friend, and client after client lose their jobs through no fault of their own.
This Great Recession may look like a “recovery” to the economists in Washington, D.C., but here in Shelby County, Tennessee, it looks pretty bleak. I have walked with longtime employees who have had their jobs shipped off to Mexico. Some 20 year workers, who never took a sick day, have been laid off. Professional level pharmaceutical sales people are glad to have a job at a third the salary doing something else.
The ripple effects of the Great Recession are hitting charities, missionaries, non-profits and churches quite severely. It is sapping consumer confidence and has resulted in records deficits and debt for our country. While business is not directly tied to the economy, I definitely see the suffering in the eyes of my injured clients. Families that could have dipped into savings to help them previously, now are struggling with other own bills. Churches’ benevolence funds have dried up. Food pantries and crisis centers have been tapped out, many times by formerly middle class patrons.
So, in the midst of these storms, what can we learn?
The Apostle Paul concluded, “And my God shall supply all your needs according to His riches in glory in Christ Jesus” (Phil. 4:19). We are assured that God will supply our needs (not our greeds) and the reason is given: “His riches in glory by Christ Jesus.”
But it is hard not to worry. I have often heard that “Worry is the most common form of atheism.” Ouch!
But, it was the Lord Jesus Himself that was so exceedingly clear about anxiety regarding our daily needs:
Matthew 6:25-34 “Therefore I tell you, do not worry about your life, what you will eat or drink, or about your body, what you will wear. Isn’t there more to life than food and more to the body than clothing? 26 Look at the birds in the sky: They do not sow, or reap, or gather into barns, yet your heavenly Father feeds them. Aren’t you more valuable than they are? 27 And which of you by worrying can add even one hour to his life? 28 Why do you worry about clothing? Think about how the flowers of the field grow; they do not work or spin. 29 Yet I tell you that not even Solomon in all his glory was clothed like one of these! 30 And if this is how God clothes the wild grass, which is here today and tomorrow is tossed into the fire to heat the oven, won’t he clothe you even more, you people of little faith? 31 So then, don’t worry saying, ‘What will we eat?’ or ‘What will we drink?’ or ‘What will we wear?’ 32 For the unconverted pursue these things, and your heavenly Father knows that you need them. 33 But above all pursue his kingdom and righteousness, and all these things will be given to you as well. 34 So then, do not worry about tomorrow, for tomorrow will worry about itself. Today has enough trouble of its own.”
Matthew 6:25-34 tells us three times “do not be anxious” (6:25, 31 and 34). Anxiety is foolish because it is futile (vain, useless) in view of the Father’s care and knowledge of our condition and our needs.
He teaches us such worry is the product of being people of “little faith.” He shows such intimate care for the birds of the air and the lilies of the field, imagine how He cares for us.
But as the late Dr. Adrian Rogers used to say, “Yes, He feeds the birds of the air, but you notice He does not throw it in their nest every morning…they’ve got to go out and scratch for it.”
Mr. Peel often speaks at churches and civic clubs without cost in between “scratching out” a living handling workers comp, medical malpractice, nursing home, auto accident and disability cases. More articles are available on his website and blogs accessible at PeelLawFirm.com.
Friday, June 17, 2011
WATCH What U Post!!
Watch What You Post and Send
When I have a legal claim against someone I will often check to see if they are on Facebook or another social media site. It is amazing how often they will explain how the accident happened, and often admit that they had been drinking, or some other condemning information. While I only do injury law, I have read several cases where a criminal is arrested based on evidence found as a result of his own postings on Facebook! It seems technology has outpaced common sense in its use. But it is not just true in cases involving the legal system.
Public officials are proving that they too can be foolish with social networking tools. The latest public figure to fall from so-called sending lewd photos and suggestive statements via cell phone text messaging is Congressman Anthony Wiener. A recently married man, he was sending these to several other women. NFL star quarterback Brett Favre, a married Mississippi native, was alleged to have done much the same thing. Representative Christopher Lee, of New York texted a photo of him without his shirt on to a woman, not his wife, on Craigslist, and immediately resigned in disgrace.
So why do these people, who ought to know better, even do it?
"If you're looking for some kind of deep explanation, I simply don't have one," Weiner said at a press conference admitting the actions. "This was just me doing a dumb thing, doing it repeatedly and then lying about it."
The new term might be “Internet Infidelity.” Most experts say it is the instant gratification of this behavior that causes users to crave more.
This kind of behavior cannot be too far from more explicit behavior, however. As Christians, we understand how sin progresses. In the above texting cases, there is no allegation of actual physical intimacy. Compare this with recent allegations that Arnold Schwarzenegger, the current governor of the State of California, famous bodybuilder, actor and businessman, had a child with another woman while married to Maria Shriver.
If that sounds familiar, it is much like former presidential candidate and Senator John Edwards’ folly of having a child with another woman while his wife was fighting cancer and he was a viable candidate for the presidency. He added the audacious sin of allegedly forcing a staffer to lie and claim paternity for the baby, even though that man, Andrew Young, was also married.
Where does this all start? How can supposedly great--and certainly smart--men like this fall so far?
As with all other important questions in life, Scripture contains the answer:
But every man is tempted, when he is drawn away of his own lust, and enticed. Then when lust hath conceived, it bringeth forth sin: and sin, when it is finished, bringeth forth death. James 1:14,15.
You see in these cases, the “death” of marriages, trust and sometime careers. So how do the rest of us prevent ourselves from being “drawn away?” Here are some warning signs and deterrents that may be helpful on your online life:
– 1. Never tell a friend of the opposite sex something you would not tell your spouse. This can easily lead to a so-called “emotional affair.” Harmless at first, these begin as just friendship, but pick up speed as you eventually only feel “understood” by the person you are not married to.
– 2. Always have transparency in your online dealings. If you are on Facebook or Twitter, make sure your spouse can see all you send and receive.
3. 3. Always speak highly of your spouse in the presence of others of the opposite gender. If you express disappointment with him or her, the person you are talking to may see it as an opportunity.
4 .. Never post photos you don’t want your spouse to see, and that you don’t want to see again and again. You may see them in lawsuit or even a prosecution.
Remember, Jesus taught us in Matthew that our thought life is the birthplace of our actions. Centuries earlier, The ancient saying in Proverbs 23:7 summarized succinctly:
“For as a man thinks within himself, so he is.”
Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.