Can You NOT Answer Your Cell Phone?

Distracted Driving – (Again)                                        January 28, 2013

            Yesterday I read in the paper that a new survey by the AAA Foundation for Safety shows that although most drivers admit that using a cell phone while driving is dangerous, more than two-thirds say that they have done so recently.  This disconnect between what we should do and our actions in actual practice is something that I can understand.

            For many of us, myself included, since childhood the ringing phone was an urgent call to action.  There was no thought of letting it ring or any indifference to who might be calling or what they might be calling about.  The ringing phone was no less compelling than as if it was a call for help from someone caught in a burning building, or from someone in mortal danger during a robbery, which it might have been for all we knew (and this was, of course, before 911).  Letting a caller dangle on the other end of the line while the phone continued to ring was unthinkable, the height of discourtesy and incivility.  We were duty bound to run, not walk, to pick up the receiver.

            So now enter the mobile telephone which nearly everyone carries on his or her person at all times with rare exception, including, of course, while operating a motor vehicle.  When the darn thing starts ringing, with whatever exotic ring tone we may have selected, the ingrained reaction, at least for people with my upbringing, is to tap or swipe, depending on the model of phone, to put it to the ear and to answer with a polite, “Hello?”.

            We are well aware that driving while talking on a cell phone is dangerous and that many serious, even fatal, accidents are caused by distracted driving, but failing to answer the call takes a grim determination and self-discipline that is no easy task to manage.  The longer the phone rings the more and more guilt gets piled on.  Maybe our failure to answer is an affront to a good friend, or perhaps it is Aunt Gertrude calling to inform us of the death of Uncle Charlie.  We might be missing the call we have been hoping for on some great business deal.  Or it might be a call for help from someone caught in a burning building.

            Hopefully we will, in time, be able to train ourselves to resist the temptation to answer the phone while driving, but I have no doubt that it will take a major effort.  I have even observed men who answer the siren call of the cell phone in the middle of a round of golf!

                                                                        Don Lowry

 

What is a Life Worth?

Wrongful Death

          A jury in New Haven, Connecticut, has awarded $2.3 million to the family of a man who was killed as he rode his bicycle and was struck by a van.

          The case is of interest to people in Maine, because a Maine statute limits the amount which can be recovered for the loss of a loved one, and an award such as this in our sister New England state is a reminder of community values and how out of step Maine is in this regard.

          Although there is no limit in Maine law for the amount which can be recovered for financial loss, such as funeral expenses and loss of future earnings, our statute does limit recovery for loss of companionship to $500,000.

          The news report of the Connecticut case in the New Haven Register of December 22, 2012, does not give a breakdown of how the award was made, but it is very likely that a large portion was to compensate the widow for the loss of companionship of her husband.  The deceased was an immigrant from Honduras who had been a medical doctor in his native country and was preparing to take a medical license examination in Connecticut.

          In my view the Maine statute results in unfair compensation for people who have lost a loved one in an accident.  It seems logical that a jury of peers is in a better position to reflect community values than legislators in Augusta who have no knowledge at all of the particulars of any given case.  Why should the life of a Maine resident be worth less than a life in Connecticut?

 

         

Claim for Vehicle Wreck

Property Damage Claim

            People who have been injured in an accident often wonder about how the damage to their car is going to get fixed and paid for and whether the person who caused the accident will have to take care of it.

            Whoever caused the accident is definitely responsible not only to pay the injured party compensation for the injury, but also for any damage to your vehicle and damage to any other property for that matter.  If your glasses got broken in the accident, then the guilty party will have to pay for new glasses as well as getting your car fixed.

            Of course the person who caused the accident will not usually have to pay himself, because nearly everyone has insurance to cover this sort of loss.  The insurance company for the guilty party will be the one that will have to pay for any property damage which came out of the accident.

            Dealing with the insurance company to get the damage paid can be tricky.  Most often, if the fault in the accident is clear, the insurance company will be willing to pay for repairs, or for the value of the car if it is totaled, fairly promptly after the accident.  Generally you will not have to wait until you have recovered from your injuries and are ready to settle your injury claim.  However, insurance companies will usually try to pay as little as possible, so it is a good idea to have someone on your side to negotiate the best deal for you.

            At Lowry & Associates we routinely arrange the best deal for our clients on property damage.  And we do this without any extra charge.

            If you have been injured in an accident involving damage to your car or truck, give us a call at 800-999-LEGAL(5342) for your best chance to save on your property damage claim.

 

 

 

You Had Better Be Hurt BAD!

In an unusual case the Supreme Court of Maine has upheld a jury finding in Superior Court which resulted in an award of zero to a plaintiff who sought recovery for injuries sustained in an automobile collision.

            The parties agreed that the defendant’s negligence was the sole cause of the collision, but the court found that the jury was justified in awarding no damages where there was evidence that the plaintiff had engaged in a number of rather strenuous physical activities following the accident.

            This is a WARNING to anyone who might be contemplating a phony injury claim or who may be exaggerating the extent of the injuries.  You are entitled to be compensated for legitimate injuries caused by the accident, but if you claim to be more badly hurt than you actually are, a jury could decide that you get nothing at all!

            Call me if you have a legitimate claim, and I will make sure that you get everything that you have coming to you.  1-800-999-5342 (LEGAL)

 

 

 

No Privcy in an Injury Claim

Medical Records

            People who call often ask, “When I make a claim for injuries, do I have to sign a medical authorization?”  This is an excellent question, because we all value our privacy and don’t like the idea of other people nosing around in our medical history.  We may think that the insurance company has no business looking into any of our medical records except what is directly related to the injury you want to sue for.

            The fact is, however, that when you make a claim to recover for an injury caused by someone else’s fault, you open yourself up to a pretty unlimited examination of your medical records for the past ten years or more.

            The reason for this is that the insurance company only has to pay for injuries caused directly by the accident, so if you had some previous injury or condition which might aggravate your injury or cause you to suffer more, then the insurance company is entitled to find out about this.  There may be nothing at all in your history which has anything to do with your injury, but the only way that the insurance company can be sure of this is to look at all of your medical records.  For this reason, when you make a claim, the insurance company is sure to demand all of your medical records before they will be willing to pay you anything for your injury.

            Unfortunately sacrificing your privacy is one of the costs of getting paid compensation for an injury.  If you have questions about injury claims, please call us at 1-800-999-LEGAL(5342) or contact us on our web site, www.lowrylaw.com.

 

 

Appearing in Court

Will My Case Go To Trial?

            People who call us to see about hiring a lawyer for an injury case are often concerned about going to court.  The prospect of having to appear in a court of law is daunting, and many people are understandably reluctant to start a process which will end them up in court.

            The fact is that of the hundreds of personal injury claims made in Maine each year, only a handful ever make it to a trial.  The vast majority of cases are settled before there is a need to even file to begin a lawsuit, and even when a suit is started, most cases settle before a trial becomes necessary.

            So the answer to the question, “Will my case go to trial?” is that the chances of ending up in court are very remote.

            If you have questions about injury cases, you should read our book, Guide for the Prospective Injury Client, which we will send you for free if you ask for it by calling us at 1-800-999-LEGAL(5343) or by filling out the order form on our web site, http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm.

 

Almost Killed?

 No Recovery for Bad Conduct

            This may surprise you, but if you have been injured in an accident, the actions of the person who caused the accident, no matter how gross or reckless, will have no bearing on the amount which you will be able to recover.

            The amount of the damages, which is what your case is worth, depends entirely on how serious your injuries are and is not affected by what the other person did, and not by the degree of danger to which you were subjected. 

            The other person may have been drunk or have had a total disregard for your safety, or you may have come close to a more serious injury, or even death, but these facts have no bearing on what you will get for your case.  If you were lucky enough to get only a scratch, then you won’t have a case.  We often hear people say, “I was almost killed!” with the expectation that they should get a lot of money, but the law only provides for compensation for injuries actually sustained.

            If you have questions about injury cases, give us a call at 1-800-999-LEGAL(5342), or click on this link:  http://www.lowrylaw.com/faq.cfm for more answers.