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Preparation Reminder

Recently I have spoken to many people who are going through tough times. I saw this posted from a church in Norfolk. I thought is was a good Monday morning good reminder:

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So that’s the unrelated introduction. Now let me jump to the Monday thought because I know you only have a little bit of time to read. Some things are certain in life! In a hurry on Monday meets that certainty.

This really is to highlight a PilotOnline.com article under the Courts and Crime section. In an article titled Juror’s post about thugs, Black Lives Matter went unnoticed before Norfolk officer’s trial, we read the story about the recent Norfolk verdict involving the police officer who was charged with killing a mentally ill black man.

Once the officer was found not guilty by the jury, a reporter followed up and determined that the Norfolk prosecutors did no research on the background of the jurors. Their jury research in determining who would be best suited for the presentation of their case. If they had done some research, they would have learned that some of the jurors had postings on social media that showed their affinity for police.

The reporter contacted prosecutors in the surrounding cities to determine if they utilized social media in researching prospective jurors. Then, the article cites sources who make reference to the thought that it is legal malpractice to not do jury research.

The attached article is interesting reading. As one expert was quoted as saying, that wouldn’t you want to know that one of the jurors who was chosen for the trial had previously written on her Facebook page? Would it impact you if you found out that the juror had written, “America should be ashamed of how we treat cops”. I suspect that if the defense attorney had done his research, he gladly accepted that juror on the panel. Did that impact the finding of not guilty?

Life isn’t just playing with monopoly money and hoping to collect the railroads. Many times, cases are won and lost before the trial starts because of pretrial preparation. Coach Bear Bryant said, “It’s not the will to win that matters. Everyone has that. It’s the will to prepare to win that matters“.

 

 

And here is a timely pic o’ day:

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The 911 Call

This is a quick story about one of our cases… and not taking no as no!

Our client said that he was driving down the road and got rear-ended by another driver who was not paying attention. Our client pulled off the road as close as possible to the side, to properly get his wrecked car off the roadway.  The other driver slowed down, and then just gunned it and raced away from the scene. It was a hit and run crash.

Now to make matters worse,  Our client went on to say that within a minute or so, a truck driver came down the road and swerved and clipped the back of our client’s car, causing it to spin around…and more injury to our client   Not good!

We initially filed a claim for both crashes. The first against the driver who left the scene. That claim was filed under our car’s uninsured motorist for the car that took off. That is known as a John Doe claim because that driver is unknown.

The second claim was against the truck driver. Soon, we learned that the insurance company for the truck driver was claiming a different story. The insurance adjuster said that their truck driver/insured said that we (our client) had swerved into the trucker’s lane. He couldn’t help but hit us.

It was our client’s word against the truck driver. As the insurance adjuster put it in denying the claim against the truck driver, “we have to believe our insured”.

Meanwhile, the John Doe claim only has $25,000 minimum limits, and that company offers its limits because of the significance of the injuries. The crash with the truck had caused significant medical bills unrelated to the John Doe claim… but we were at a standstill. What to do? What to do?

We did a Freedom of Information Request for the emergency dispatch records. Jackpot! Another driver coming up the road had saw the truck hit our car on the side of the road. That person called… and it was recorded. That unknown caller simply told the 911 dispatch operator that “a truck just hit a car on the side of the road” and went on to describe the car and truck.

Later… the truck driver’s insurance company just said, “Our insured lied to us”. They paid on the claim. Without that 911 call, it would have been uphill sledding! Our client had been hit by two different drivers without the character to accept responsibility.

And for pic o’ day that was just sent to me, no matter where you fall politically, this still is funny!

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