 |
| | | | | |
-
Common Questions ...... *...... Click "Show All" for more Questions and Answers
-
| | | | | |
What should I not do in case of an auto accident?
TEN THINGS YOU MUST DO TO PROTECT YOUR LEGAL RIGHTS
WHEN YOU ARE INVOLVED IN AN AUTO ACCIDENT
Call the police. A police report will give us an unbiased opinion of how the accident happened and who was at fault. (If possible, do not move the cars prior to the police arriving.)
Get the names, addresses, and phone numbers of any witnesses to the accident.
Get the other driver’s name, address, and telephone number.
Get the other driver’s insurance information–insurance company, policy number, and agent’s name.
Find out the name and address of the car’s owner, (if different from the driver.)
Seek medical attention immediately if there is a chance you were injured.
Do not say anything that may be against your own interest, for example, "I wasn’t watching carefully," "I didn’t see you," "I’m sorry," or "It was my fault."
Report the accident to your insurance company and the other driver’s insurance company quickly.
Do not give any recorded statement to either insurance company until you have contacted an attorney.
Be sure to get follow-up medical treatment if you are injured, and follow your doctor’s advice.
| | | | | |
- Q. Do You take cases on a percent of the recovery?
- A. Yes, most of our cases are accepted on a contingent fee basis. If we do not recover, there is no attorney fee.
| | | | | |
- Q. Do you have a charge for the first phone call or visit?
- A. We do not charge for the first phone call or visit. Many people just want to find out if they have a case, or need referral to some agency or other service. This is part of our job, as i see it.
| | | | | |
- Q. Do we have to go to court?
- A. No. Most cases settle. Statistically, across the country, well over 90% of cases settle prior to trial. That has been our experience here as well. We do prepare our cases for trial. But we send out settlement materials to the insurance company and settle cases without suit and also settle many cases in mediation.
| | | | | |
- Q. I was in a single car accident. What are my rights?
-
A. You have PIP in your own auto policy usually, to pay medical bills and wage loss. You may have a work comp claim if you were working. Sometimes accidents happen because of defective products on your car, like tires, seatbelts, brakes etc. Rural roads are dangerous and sometimes illegal. Signs on the road have to be legal. Grades, curbs, turns can be dangerous and illegal. Find out about all your rights.
| | | | | |
- Q. I don't want to sue anyone.
-
...What do you think?
A. Many of our clients are slow to get involved in the court system. People should be slow to sue another. Sometimes you have to sue a driver to get their insurance. Nationally and with our firm too, over 90% of cases settle before trial. We just believe people who have legitimate claims should get a fair amount. Persons who cause injuries should be responsible for the harm caused. You need to get your bills paid and enough to get back on your feet, or take care of the your future. Adjustors are not really on your side. You need to fight a smart battle, so get advice from a good lawyer.
| | | | | |
Do you have information or work on Toyota cases?
- Yes, we are reviewing Toyota cases right now.
Analysis finds close relationship between automakers, regulators.
3-9-10 The Washington Post (3/9, Kindy) reports that according to its analysis, "as many as 33 former [NHTSA] employees and Transportation Department appointees" are now working to help "carmakers handle federal investigations of auto defects, including those for Toyota's runaway acceleration problems." These individuals now "work for automakers as lawyers, consultants, lobbyists and in other jobs that deal with government safety probes, recalls and regulations." "Every major automaker" employs former DOT personnel, as do "every major automotive trade group." They also serve as "expert witnesses and legal counsel for the industry in major auto safety class-action lawsuits." For example, the Post cites Toyota's having recently hired former Transportation Secretary Rodney Slater to serve on a safety panel. While not illegal, critics "of the revolving-door practice say that it has contributed to flaws in federal oversight and enforcement." Some in Congress are calling for a two-year cooling-off period before such employment can take place.
Toyota hits back against allegations that electronic fault causes runaways. The latest chapter in Toyota's safety recall crisis, its efforts to refute claims that an electronic fault is to blame for cases of unintended acceleration, generated coverage on two networks and several major papers and wires. ABC World News (3/8, story 2, 2:30, Sawyer) reported that Toyota "pushed back hard against" Southern Illinois University professor Dave Gilbert, who "says his tests raised questions about whether Toyotas could be speeding out of control because of electronic malfunction. Today Toyota said emphatically that conclusion is wrong."
The CBS Evening News (3/8, story 2, 3:00, Couric) characterized this rebuttal as a departure from Toyota's apologetic tone since the recall crisis' beginning. "It was an all out effort to defend its reputation and answer critics who say they there's something wrong with the car's electronics." Reporter: "In a demonstration that signaled a new aggressiveness by the automaker, engineers working for Toyota today attacked critics and the news media for misrepresenting what may be wrong with Toyota's cars." CBS refers to a February 22 report in which Gilbert demonstrated his findings, adding that "today Toyota's own engineering consultants from a company called Exponent sought to debunk both the research and what was called ABC's dramatized report."
2-24-10 In an emotional hearing, Toyota exec says recalls may not end acceleration issue. The lead stories on all three network news broadcasts focused on the start of testimony in the House Energy and Commerce Committee's hearing into safety issues at Toyota, which also generated heavy print and online coverage. Major themes include the emotional impact of the testimony of Toyota drivers who reported incidents of unintended acceleration and statements from Toyota on whether the incidents are caused by mechanical or electronic faults. ABC World News (2/23, lead story, 3:10, Sawyer) reported, "Families made tearful accusations, congressmen hurled questions, and the US president of Toyota shifted his position today on what may be causing those runaway cars." ABC's Brian Ross reported that "Toyota USA President Jim Lentz acknowledged the runaway car problem still had not been fixed." Rep. Henry Waxman: "Do you believe that the recall on the carpet changes and the recall on the sticky pedal will solve the problem of sudden unintended acceleration?" Jim Lentz, Toyota USA President: "Not totally." Ross adds that despite past assurances that there was no electronic cause of the unintended acceleration, "Toyota told Congress that its engineers had replicated the demonstration ABC News broadcast last night" in which professor David Gilbert demonstrated that a short circuit produced unintended acceleration without triggering an "error code" in the car's computer.
The CBS Evening News (2/23, lead story, 3:00, Couric) also reported on Lentz' "grilling," noting that he "never did say exactly what he thinks is causing the problem and the best he could do was to promise that the company will continue to study the issue." Meanwhile, despite "armed Capitol Hill police officers...nothing could protect him from Rhonda Smith." Rhonda Smith, survivor: "Shame on you, Toyota, for being so greedy." Reporter: "Mrs. Smith told the committee of the night in 2006 when her new Lexus ran away with her and how nothing seemed to slow it down. Not standing on the brakes or throwing it into reverse." This piece also reports Lentz' "less than heartening" response about whether the recalls are guaranteed to fix the problem.
NBC Nightly News (2/23, lead story, 4:10, Williams) added that Toyota "is in big trouble over safety, over secrets, over what they knew and when they knew it, and what to tell all the Toyota owners about gas pedals and electronics and repairs." NBC reports that Smith testified that she and her husband "say they desperately tried to get Toyota's attention, but were ignored." Eddie Smith, husband: "We were called liars and actually accused of ruining our own brakes and transmission." NBC also focuses on testimony from Gilbert. Rep. Henry Waxman: "How long did it take you to discover this problem? Did you spend billions of dollars? Did you spend years studying it?" David Gilbert, professor: "I discovered it in about 3 1/2 hours." In a second segment, NBC Nightly News (2/23, story 2, 5:35, Williams) broadcast a lengthy portion of Smith's testimony, which "stopped the hearing cold." The piece segues into a discussion on electronic devices supplanting mechanical ones in systems like the accelerator in modern cars. CNBC automotive reporter Phil Lebeau: "Really, it's the main question Congress is trying to get to, are electronics the problem for Toyota?
The AP (2/24, Raum, Manning) reports that Lentz "conceded" that "massive recalls of popular Toyota cars and trucks still may 'not totally' solve frightening problems of sudden, unintended acceleration," noting that "House members listened in rapt silence Tuesday to the tearful testimony of" Smith before they "pressed" Lentz "on the company's efforts to find and fix the acceleration problems - actions many suggested were too late and too limited. Lentz apologized repeatedly for safety defects...and he acknowledged the changes the company is making probably aren't the end of the story." Several members, the AP reports, rejected "Toyota's insistence that the problems are mechanical, not linked to the vehicles' sophisticated electronics," such as TX6 Rep. Joe Barton, who said, "In my opinion, it's a sham." The AP notes that Transportation Secretary Ray LaHood testified that DOT investigations would focus on "the electronics questions."
McClatchy (2/24, Douglas) reports that Lentz "insisted...that electronic problems weren't the cause of sudden acceleration problems," though LaHood countered "that the possibility of an electronic problem couldn't be ruled out."
On the front page of its business section, the New York Times (2/24, B1, Maynard) explains that Toyota has recalled over 8 million vehicles over the acceleration issue, and that Lentz has "previously said the company was certain [the recall] would resolve the issue." The Washington Post (2/24, Whoriskey, Ahrens) also covers the recall.
Lawmaker criticizes witness for accepting funds from plaintiffs' firms. Law.com (2/24, Ingram) reports, "Rep. Steve Buyer, R-Ind., suggested that Democrats and plaintiffs' lawyers were using the hearing to gather materials that could later be used in litigation. He criticized one witness, auto-safety advocate Sean Kane, for accepting money from five plaintiffs' firms." Kane, "head of the for-profit Massachusetts company Safety Research & Strategies Inc., said the sponsorships did not affect the credibility of his research into Toyota."
More commentary. An editorial in the New York Times (2/24, A26) rejects Toyota president Akio Toyoda's explanation in his prepared remarks that Toyota's "'priorities became confused' in its quest for growth" as insufficient, arguing that he "owes consumers a complete explanation of why his company failed - for years - to fully respond to complaints about its cars' sudden and uncontrolled acceleration, a problem that may have caused 34 deaths since 2001. He must disclose full details on when the company first learned of the problem, why it waited so long to address it and why it believed that a series of minor and inexpensive fixes would be enough - even after complaints continued to pour in." Moreover, the Times writes, Toyoda must fully divulge his company's communications with NHTSA on the issue, because "Americans have good reason to fear that regulators failed to do their job."
The Washington Post (2/24) editorializes that Toyoda and NHTSA both bear responsibility and owe consumers explanations. "Reports have portrayed a regulator as too cozy with the regulated. Either NHTSA discounted problems or depended upon the car company to voluntarily take steps to correct them."
| | | | | |
Pat, who are your associates?
We regard our paralegals and the law firms with whom we work as our "Associates." They help the firm serve our clients. Right now (2010) we are handling three cases for Western Kansas lawyers, who do not do a lot of litigation. We are associated with a firm in North Central Ks. on a truck litigation case we are doing together. And we are working with firms in Alabama, Missouri, and Pennsylvania on product liability cases. We handle client matters, damage issues and Kansas depositions and they handle liability issues.
|
|
|
