COVID and The Law
Sept. 29, 2022
In 2022, Covid still throws the world upside down. We are all frustrated and stressed from our limited opportunities to do things like before. Making decision during a less than alert period is never good. Chances are you, a loved one or friend, are not going to be in an accident this week. However, it takes so little to plan now, while you are not stressed, to think of who you would call if you, a family member or friend, were rear ended and injured.
We all have the phone number of a plumber, A/C company and electrician handy, in case we need one. Wouldn’t it make sense to consider now, who you would call if you needed a Personal Injury Accident Attorney.
If an accident occurs it is important to remember that SILENCE IS GOLDEN and HANDCUFFS ARE SILVER. Talking can rarely do you any good, so my suggestion is DON’T TALK TO ANYONE about an accident or criminal investigation… especially an INSURANCE ADJUSTER, WITHOUT YOUR LAWYER’S PERMISSION. IT IS NOT WHAT YOU SAY, BUT WHAT THEY THOUGHT THEY HEARD YOU SAY!
This advice to remain Silent, is true for police officers and insurance adjusters. In over 35 years of practice I have seen so many mistakes made, that substantially affect the outcome of a case in a negative manner.
IF YOU HAVE BEEN DRINKING ANY AMOUNT & WERE IN AN AUTO ACCIDENT OR STOPPED FOR A POSSIBLE DUI, REMEMBER THAT (FST’S) FIELD SOBRIETY TESTS (WALK THE LINE, FINGER TO NOSE ETC) ARE OPTIONAL, AS IS THE BREATH TEST AT THE SCENE (IF YOU ARE NOT ON PROBATION). YOU SHOULD COURTEOUSLY OPT NOT TO TAKE ANY TESTS AT THE SCENE, AND ASK FOR A BLOOD TEST.
After an accident or DUI arrest, I tell my clients to take down social media. Investigators for the DA or Insurance Company can save a lot of money on investigation, by just checking Facebook and other social media sites. Some accident victims foolishly post that they are going skiing or entering a marathon right after an accident.
This is after they complained to their doctor about how much they hurt and further explained all the things they cannot do. An insurance company adjuster thinks, if a victim can play a sport, then they were not that injured in the accident. They don’t consider the extra pain a victim endures by competing in that sport.
A client shouldn’t post that they were lucky not to have been stopped the day before when they were even more drunk, or any other post about their drinking or negligent driving etc. It is always a good idea to hire a local attorney asap, who will know the judges and court employees. Again that should be done right after an accident or arrest. Once you have a lawyer, an Insurance Co or Police investigator, can no longer contact you.
It is vital for a client to preserve evidence by writing facts down right away. Today, smart cell phones can be used to take picture of parties, cars, streets, Driver’s license, registration, and to obtain statements from drivers and wits.
The law arguably wins every time, no matter what kind of case one discusses. When an accident victim files suit, they can be served written questions, called interrogatories, or have their deposition taken. They might be ordered to appear in court for a variety of appearances. Though a case is called for 8 am, it may not be heard until the afternoon calendar, or it may be trailed until the next day or week. The loss of time means the victim loses money.
Whether you are found guilty or not guilty of a DUI or prevail with your accident case, you still lose. All parties lose time and money from: the arrest; court trips; bail; retaining counsel; loss of earnings and dealing with the stress and how it affects the family.
There is no way you can truly win when you are in involved in civil or criminal litigation. The stress you experience is often taken out on your significant other or other family members. This leads to subsequent domestic violence arrests as well as divorces and disharmony with the family……not to mention the interruption of business and the financial losses incurred therein.
Covid 19 has been clearly bad and ugly, but if you put your glasses on you might see some good. There is less smog, rivers are cleaner and there are fewer Accidents and DUI’s since fewer cars have been on the roads………But that is changing as we get closer to THE OLD normal. So remember what is said here, so you DON’T PLAN TO FAIL.