Recorded Statements Rarely Help
I’m getting another case ready for trial where I have to explain honest and consistent statements given in good faith to the insurance company that their lawyer is not trying to take completely out of context to make them stand for something very different than I originally contemplated.
The answer, as always, is don’t give a recorded statement to the at-fault carrier. This rule should be followed in 98% of the cases I have prepared where a statement was given.
The National Highway Traffic Safety Administration published a study this week, showing that three separate devices designed specifically to alert drivers when infants and children are left alone in a car do not work properly. Part of a campaign to raise awareness and prevent heatstroke, the study results say that these devices are unreliable when used on their own.
According to the San Francisco State University Department of Geosciences, in 2012, 15 children and infants have died from hyperthermia from being left alone in a vehicle. Since 1998, almost 550 children have died, half of them under the age of two years old. These tragic deaths are unnecessary and several companies released products that are supposed to alert the driver if he or she walks away from the vehicle without extracting the child.
Three of those devices were tested by researchers at the Children’s Hospital of Philadelphia. They tested the ChildMinder Smart Clip System, the ChildMinder Smart Pad, and the Suddenly Safe Pressure Pad. The main problem they discovered was that carseats with lots of padding made it hard for the sensor to work properly.
This is a great way to stop people from texting and using handheld phones while driving.
On the other hand, is a call or a text at a stop light a big deal? They are tough in Canada.
The Louisiana Supreme Court this week overturned a jury’s verdict in a sidewalk slip and fall case. The court found that, as a matter of law, the defect on the sidewalk did not present an unreasonable risk of harm.
For slip and fall cases, plaintiffs’ lawyers want the story to begin in a good way. This one does: “Plaintiff was walking home from church when….” As she was walking, Plaintiff slipped and fell on a section of sidewalk and sustained a comminuted fracture of the radius of her right arm.
The sidewalk ran into a driveway. Two sections had become, or were installed, depressed in relation to the rest of the sidewalk . So they sat a few inches lower than the remaining sidewalk. The elevation change was approximately one-and-one-quarter to one-and-one-half inch in addition to the elevation change created by the depression.
Barron Hilton got hit with a $4.9 million verdict after he hit a gas station attendant while he was driving drunk.
The news media identifies Barron Hilton as “the brother of Paris Hilton.” Crazy, right? His great grandfather builds an empire to the point where everyone knows the name Hilton yet he is identified as “Paris’ brother.”
Anyway, Barron did something he shouldn’t do, namely get drunk and hurt someone really bad. His blood-alcohol level registered .14%. He was 18 at the time. You deserve a pass for almost anything at 18. But someone is permanently disabled because he went out and got wasted. So senseless. His driver couldn’t take him home?
When a couple goes out to dinner or whatever, who drives? Even among progressive people, the man usually drives.
This is probably a bad idea. Here’s why, according to accident statistics (source – Google statistics that seem legit):
“Hey, I got a call today on a great bus accident case.” Honestly, accident attorneys don’t say this too often. The vast majority of intakes in bus accident cases are not meaningful claims worth pursuing. If you throw in the phrase “client fell getting off the bus”, the chances of that claim being a case are about the same as Brett Favre winning the husband of the year award.
But there is a reason why smart lawyers listen to the whole story. A California jury awarded a man $6.4 million in a lawsuit stemming from brain injuries he suffered getting off of a bus. The man, tragically already a quadriplegic, was dropped while getting off the bus, causing a severe brain injury. Under California’s comparative negligence, the city will pay 17 percent of the damages and the bus company will pick up the balance. In Maryland, both would be jointly and severally liable because they are both proximate causes.
I have been trying for a while to find the time to summarize MAMSI v. Wu, a Maryland Court of Appeals opinion holding that health insurance companies may make benefits secondary to PIP benefits available for medical bills suffered in a car accident. You can read the full opinion here.
If this blog is named Maryland Accident Lawyer, why are our lawyers talking about car accident cases in Atlanta? We are based in Maryland, not Atlanta. Our car accident cases are always going to be predominantly from Maryland. But we do have a lawyer who is a member of the bar in Georgia and we are looking to expand our practice to be competitive nationally.
To be honest, our lawyers are not looking for soft tissue injury car accident cases in Atlanta. If you call with one of those, we are most likely going to refer you to a local Atlanta car accident lawyer who is qualified to handle your claim. We are looking to get involved with clients who have extremely serious injuries from a car accident in the Atlanta area. Actually, we are looking at the entire state of Georgia, but certainly the bulk of the serious injury cases are going to come from the greater Atlanta area, which also has jury pools more conducive to large jury verdicts.
Towards this end in Atlanta, we have started an Atlanta Car Accident Lawyer page on our website summarizing car accident law in Georgia. I think it is informative and I think it is the most comprehensive summary of law as it relates not only to auto accident cases in Atlanta but to malpractice and products liability claims in Georgia – cases that we will also be putting on our radar screen.
Maryland Accident Lawyer Blog