Driven to Distraction
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, November 9, 2015
Thursday, November 5, 2015
Record Setting Result
The offer to my client before I was hired: $400.00 "For what you've been through," they said.
I was hired, filed suit and just a little over a year later:
The offer from that same insurance company was $40,000.00.
100x is the difference and that multiple is a new record. I have handled lots of cases that resulted in far more than $40,000.00 and many over $400,000, but the multiple difference of the $400 offer becoming $40,000 is amazing.
Remember that when an insurance company claims that their offer is "all you will ever get."
I was hired, filed suit and just a little over a year later:
The offer from that same insurance company was $40,000.00.
100x is the difference and that multiple is a new record. I have handled lots of cases that resulted in far more than $40,000.00 and many over $400,000, but the multiple difference of the $400 offer becoming $40,000 is amazing.
Remember that when an insurance company claims that their offer is "all you will ever get."
Monday, October 26, 2015
HOW LAWYERS GET PAID
PAYING A LAWYER
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.
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.
Monday, October 19, 2015
Fatter Dummies for Crash Testing?
WE NEED FATTER DUMMIES?
When crash test dummies were introduced over forty years ago, only about 15% of us were obese. Apparently, we have gained enough collective weight as a nation that we need heavier crash test dummies. In fact, the current statistics ranges from 30-40% of us are now obese. America leads the world often containing the highest percentage of obese people in the world.
As an injury attorney, I fully support crash testing of automobiles. Many changes have been made to vehicles and barriers as a result of these real world collisions.
Since so many drivers are now overweight, the first-ever adult obese crash test dummy was recently introduced. Weighing in at 273 lbs., and Body Mass Index (BMI) of 35, it is a big change indeed.
Changes that new testing will likely lead to are probably a decade down the road. This may be too late for many already. Some initial results of actual crash data are startling. People with a BMI between 30 and 40 are many, many times more likely to die in a car crash than fitter victims.
Sometimes improving protection for one group, like obese adults reduces protection for other populations. For instance, increasing air bags compression to deal with higher weight ranges might hurt shorter individuals or children. Strengthening seat belts for heavier occupants might well increase chest injuries for the elderly osteoporotic bones.
In order to test cars in crash tests with realistic dummies, one must first test the dummies. To do this, they do the unseemly task of crashing human cadavers. A comparison of cadavers with dummies validates the crash injuries.
Obesity changes more than one might think. A seated obese person extends farther forward on the seat compared to a slimmer occupant. Because this changes the seatbelt positioning, it is one of the many factors that must be considered.
A child dummy representing a 10-year-old child weighing more than 65 pounds was adopted several years ago. This has been used to evaluate new safety requirements of child restraint systems, including car seats and boosters for that age and weight.
In the end, the more realistic the dummies the better the safety measures that are adopted. It's really all of balancing act. We would save a lot of lives if we required roll cages and five-point harnesses, such as you see in a NASCAR vehicle. But it's all a balancing act.
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.
When crash test dummies were introduced over forty years ago, only about 15% of us were obese. Apparently, we have gained enough collective weight as a nation that we need heavier crash test dummies. In fact, the current statistics ranges from 30-40% of us are now obese. America leads the world often containing the highest percentage of obese people in the world.
As an injury attorney, I fully support crash testing of automobiles. Many changes have been made to vehicles and barriers as a result of these real world collisions.
Since so many drivers are now overweight, the first-ever adult obese crash test dummy was recently introduced. Weighing in at 273 lbs., and Body Mass Index (BMI) of 35, it is a big change indeed.
Changes that new testing will likely lead to are probably a decade down the road. This may be too late for many already. Some initial results of actual crash data are startling. People with a BMI between 30 and 40 are many, many times more likely to die in a car crash than fitter victims.
Sometimes improving protection for one group, like obese adults reduces protection for other populations. For instance, increasing air bags compression to deal with higher weight ranges might hurt shorter individuals or children. Strengthening seat belts for heavier occupants might well increase chest injuries for the elderly osteoporotic bones.
In order to test cars in crash tests with realistic dummies, one must first test the dummies. To do this, they do the unseemly task of crashing human cadavers. A comparison of cadavers with dummies validates the crash injuries.
Obesity changes more than one might think. A seated obese person extends farther forward on the seat compared to a slimmer occupant. Because this changes the seatbelt positioning, it is one of the many factors that must be considered.
A child dummy representing a 10-year-old child weighing more than 65 pounds was adopted several years ago. This has been used to evaluate new safety requirements of child restraint systems, including car seats and boosters for that age and weight.
In the end, the more realistic the dummies the better the safety measures that are adopted. It's really all of balancing act. We would save a lot of lives if we required roll cages and five-point harnesses, such as you see in a NASCAR vehicle. But it's all a balancing act.
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.
Friday, October 16, 2015
SIX PHONE SCAMS
Phone Scams to Watch Out For
It seems like every year, there is another scam or two out there. Here are a few to be aware of. Share this with others and be sure to warn any seniors that might be targeted.
1. Bank Calls: Someone calls saying they are from the bank and that there has been some unauthorized activity on their account. All they need is “verify some information” to clear it up.
2. Medicare or Social Security: A caller says that they have to get something fixed in their computer so they need some information or they will not have Medicare or their Social Security checks will not be sent.
3. Hotel Scam: The phone in a hotel or motel room is called by what sounds like the front desk. They claim there is a problem with the computer system and that they have to manually reprocess all of the credit cards, or something similar. If you ever get a call from someone saying they are the front desk, hang up and call back yourself.
4. Credit Card Rate Reduction. This is the actual message you hear:
“Hi, this is Rachel from Card Services calling about your credit card account. It appears that you are now eligible for a significantly lower interest rate on your account. However, this offer is about to expire, so please press 1 now to be transferred to a live representative who can assist you in securing your lower interest rate.”
5. Fake Collectors: They want to collect on a debt your grandchild (supposedly) failed to pay. They ask you to wire money, send a prepaid card or give your credit card number – immediately. And if you won’t – or can’t – pay? That’s when the threats begin: “Your grandchild will be arrested.” “He’ll lose his job.” “We’ll suspend her driver’s license.” Unless you co-signed a loan, you’re never responsible for someone else’s debt. In fact, debt collectors can’t legally tell you that someone – anyone – else even has a debt. Don’t be rushed into sending money. Don’t verify any personal or financial information. And hang up if the caller threatens you.
6. Hijacking: You get a call saying someone has been kidnapped and you cannot call his or her cell phone to verify they are okay. The caller will claim that your loved one owes some money and are being held and if you wire just $2,000 or whatever, they can go free, and if not, they will be tortured. If you call your loved one, they are often surprised to learn that they are supposedly being held.
Hang up on these people and ask for help. Report these to the credit card companies and the authorities as appropriate.
It seems like every year, there is another scam or two out there. Here are a few to be aware of. Share this with others and be sure to warn any seniors that might be targeted.
1. Bank Calls: Someone calls saying they are from the bank and that there has been some unauthorized activity on their account. All they need is “verify some information” to clear it up.
2. Medicare or Social Security: A caller says that they have to get something fixed in their computer so they need some information or they will not have Medicare or their Social Security checks will not be sent.
3. Hotel Scam: The phone in a hotel or motel room is called by what sounds like the front desk. They claim there is a problem with the computer system and that they have to manually reprocess all of the credit cards, or something similar. If you ever get a call from someone saying they are the front desk, hang up and call back yourself.
4. Credit Card Rate Reduction. This is the actual message you hear:
“Hi, this is Rachel from Card Services calling about your credit card account. It appears that you are now eligible for a significantly lower interest rate on your account. However, this offer is about to expire, so please press 1 now to be transferred to a live representative who can assist you in securing your lower interest rate.”
5. Fake Collectors: They want to collect on a debt your grandchild (supposedly) failed to pay. They ask you to wire money, send a prepaid card or give your credit card number – immediately. And if you won’t – or can’t – pay? That’s when the threats begin: “Your grandchild will be arrested.” “He’ll lose his job.” “We’ll suspend her driver’s license.” Unless you co-signed a loan, you’re never responsible for someone else’s debt. In fact, debt collectors can’t legally tell you that someone – anyone – else even has a debt. Don’t be rushed into sending money. Don’t verify any personal or financial information. And hang up if the caller threatens you.
6. Hijacking: You get a call saying someone has been kidnapped and you cannot call his or her cell phone to verify they are okay. The caller will claim that your loved one owes some money and are being held and if you wire just $2,000 or whatever, they can go free, and if not, they will be tortured. If you call your loved one, they are often surprised to learn that they are supposedly being held.
Hang up on these people and ask for help. Report these to the credit card companies and the authorities as appropriate.
Tuesday, October 13, 2015
TEEN DRIVERS: Are They Really More Dangerous?
The leading cause of death of 16-18 year olds is not so-called “assault weapons,” vaccinations, alleged climate change, video games, GMO food or all the other crises the news reports on every night.
It is automobile crashes. As an injury lawyer, it is a sad reality I live with each day.
Beginning teen drivers are, in fact, much more dangerous on the road than other drivers. How much more? Those beginning drivers, aged 16-19, have the single highest crash risk per mile driven of any age group! Night driving for teens ramps up the rate by a factor of four! That is why their insurance is so alarmingly high.
Here are the factors that seem to contribute:
• Speeding: It is no secret that teens have more risky behavior. The results bear this out, with about a third of accidents having excessive speed as a factor.
• Seat Belts: The vast majority of teens killed did not bother to wear their seat belt. Why? It’s the law. It’s smart. But, many feel immortal as teens.
• Distractions: Texting and driving is epidemic. Passengers do not just add weight to the vehicle, they also add distractions: Phones, video, laughter, horseplay, joking, screaming, hanging out windows the like can contribute to those group fatality accidents that scare us parents.
• Driver Error: More than half of all fatal teen accidents are simply caused by bad or delayed decisions by the inexperienced driver.
So, are teens just bad drivers? Not really. According to the Insurance Institute for Highway Safety, teens driving with parents in the car have a very low crash rate.
These factors and findings are part of the reason why graduated drivers licensing has been adopted in Tennessee. They deal with timing and passengers and allow more time for training. There are three phases:
1. Learner permit: Anyone under the age of 18 who has a learner permit will be prohibited from driving between the hours of 10 p.m. and 6 a.m. When driving, permit holders must have a licensed driver age 21 or older in the vehicle with them.
2. Intermediate Restricted License. Family and one passenger, with time restrictions.
3. Full Drivers License.
What do you think about these laws? Are you as surprised as I am that we even survived our teen driving years? Restrict, teach, train, love and pray. Drive safely.
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.
The leading cause of death of 16-18 year olds is not so-called “assault weapons,” vaccinations, alleged climate change, video games, GMO food or all the other crises the news reports on every night.
It is automobile crashes. As an injury lawyer, it is a sad reality I live with each day.
Beginning teen drivers are, in fact, much more dangerous on the road than other drivers. How much more? Those beginning drivers, aged 16-19, have the single highest crash risk per mile driven of any age group! Night driving for teens ramps up the rate by a factor of four! That is why their insurance is so alarmingly high.
Here are the factors that seem to contribute:
• Speeding: It is no secret that teens have more risky behavior. The results bear this out, with about a third of accidents having excessive speed as a factor.
• Seat Belts: The vast majority of teens killed did not bother to wear their seat belt. Why? It’s the law. It’s smart. But, many feel immortal as teens.
• Distractions: Texting and driving is epidemic. Passengers do not just add weight to the vehicle, they also add distractions: Phones, video, laughter, horseplay, joking, screaming, hanging out windows the like can contribute to those group fatality accidents that scare us parents.
• Driver Error: More than half of all fatal teen accidents are simply caused by bad or delayed decisions by the inexperienced driver.
So, are teens just bad drivers? Not really. According to the Insurance Institute for Highway Safety, teens driving with parents in the car have a very low crash rate.
These factors and findings are part of the reason why graduated drivers licensing has been adopted in Tennessee. They deal with timing and passengers and allow more time for training. There are three phases:
1. Learner permit: Anyone under the age of 18 who has a learner permit will be prohibited from driving between the hours of 10 p.m. and 6 a.m. When driving, permit holders must have a licensed driver age 21 or older in the vehicle with them.
2. Intermediate Restricted License. Family and one passenger, with time restrictions.
3. Full Drivers License.
What do you think about these laws? Are you as surprised as I am that we even survived our teen driving years? Restrict, teach, train, love and pray. Drive safely.
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.
Saturday, October 10, 2015
DRIVING DROWSY
DROWSY DRIVING
Accidents that are caused by drowsy driving are quite similar in evidence to those caused by drunken driving:
-No skid marks or evidence of braking;
-No evidence of evasion or swerving;
This is sometimes also what we find in texting and driving crashes as well. Why do we have more drowsy driving car accidents?
-More people are sleep-deprived these days. With the unusual work schedules now common at places like FedEx, the airlines, fire departments, and others, there are more people working at night than there once were. Workers who have shifts at night have to fight the natural urge to stay awake during the day and sleep at dark. It takes time to get that reversed, so shift variations actually tend to hurt rather than help.
-School demands study time that usually winds up being at night. Many of us pulled all-nighters while in college or graduate school, only to find out that our performance actually suffered. Still, students like me who often worked and went to school were sleep-deprived for long periods.
-The faltering economy continues to create less jobs and more people have to work two jobs just to get by. As a result, irregular work hours can create a tiredness that is hard to fight while driving.
-Commutes continue to lengthen. We have come a long way from the European standard of the shopkeeper working downstairs and living upstairs in one building. Currently, work is often a 30-45 minute drive away from home. That is plenty of time to get drowsy.
-Car comforts continue to expand. When I drive my old 1977 Ford pick up truck, it is a loud, windy and vibration-filled experience, even at modest speeds. In my modern vehicles, however, even at interstate speeds, vehicles are warm, smooth and comfortable. This tends to call on the Sandman much swifter than our old beaters would ever allow.
But, technology in some of the newest cars is trying to rescue us from ourselves. For now, it is luxury manufacturers like BMW and Mercedes-Benz that offer ways to wake you if your head bobs downward or you leave a traffic lane. Lane departure warnings are even now present in the Suburban models.
Driving drowsy is every bit as dangerous as driving drunk. Don't take the risk.
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.
Accidents that are caused by drowsy driving are quite similar in evidence to those caused by drunken driving:
-No skid marks or evidence of braking;
-No evidence of evasion or swerving;
This is sometimes also what we find in texting and driving crashes as well. Why do we have more drowsy driving car accidents?
-More people are sleep-deprived these days. With the unusual work schedules now common at places like FedEx, the airlines, fire departments, and others, there are more people working at night than there once were. Workers who have shifts at night have to fight the natural urge to stay awake during the day and sleep at dark. It takes time to get that reversed, so shift variations actually tend to hurt rather than help.
-School demands study time that usually winds up being at night. Many of us pulled all-nighters while in college or graduate school, only to find out that our performance actually suffered. Still, students like me who often worked and went to school were sleep-deprived for long periods.
-The faltering economy continues to create less jobs and more people have to work two jobs just to get by. As a result, irregular work hours can create a tiredness that is hard to fight while driving.
-Commutes continue to lengthen. We have come a long way from the European standard of the shopkeeper working downstairs and living upstairs in one building. Currently, work is often a 30-45 minute drive away from home. That is plenty of time to get drowsy.
-Car comforts continue to expand. When I drive my old 1977 Ford pick up truck, it is a loud, windy and vibration-filled experience, even at modest speeds. In my modern vehicles, however, even at interstate speeds, vehicles are warm, smooth and comfortable. This tends to call on the Sandman much swifter than our old beaters would ever allow.
But, technology in some of the newest cars is trying to rescue us from ourselves. For now, it is luxury manufacturers like BMW and Mercedes-Benz that offer ways to wake you if your head bobs downward or you leave a traffic lane. Lane departure warnings are even now present in the Suburban models.
Driving drowsy is every bit as dangerous as driving drunk. Don't take the risk.
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.
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