My Civil Advocate

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over: "Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us. "Have you had anything to drink tonight? " If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem u...

If you are arrested for suspicion of DUI/DWI, you are obligated to undergo a chemical test of your breath, blood, or urine at a police station or local hospital. If you refuse, you will incur stiff penalties, including suspension of your driver's license and a longer sentence if convicted. Chemical tests are generally reliable but not infallible. For example, police station breathalyzers may be thrown off by alcohol-containing substances in the mouth, such as breath fresheners and mouthwashes. Low-carb diets produce acetone on the breath, which may be identified as alcohol. Even a burp before blowing into the machine may cause a false-high reading. Urine test are the least reliable of the three chemical tests. It takes longer for alcohol to be metabolized by the body and appear in a person's urine, generally 60-90 minutes. Because of this, a person may be required to give two urine samples - first sample given; bladder voided; wait 20 minutes; give a second sample. This pur...

The stretch between memorial Day and Labor Day has been called the "100 Deadliest Days" by AAA, as the number of fatal car crashes involving teen drivers spikes during this time. Over 5,000 deaths have been reported over the summer for the past five years, a rate that is 16 percent high than other times of the year. Teens drive more over the summer than other times of the year since school is out. They frequently drive greater distances as well, traveling to summer jobs or heading to the beach or other vacation destinations. In addition, teen drivers are generally the least experienced drivers out there and are the age group that's most likely to drive while distracted. All these circumstances make for a violate combination. The AAA Foundation for Traffic Safety found that a whopping 60 percent of crashes involving teen drivers were due to distracted driving. The organization conducted a study from 2007- 2015 in which teen drivers' cars were equipped with a camera...

If you've been injured in an auto accident due to the negligence of another driver, and our injuries prevent you from working or reduce your ability to work, you have a right to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An injury must be the direct result of the accident, or a pre-existing injury was made worse by the accident. To prove lost wages, produce the pay stub from your most recent paycheck prior to your injury. Tips and non-salary benefits should be included as well. If you are self-employed, you will need to submit proof of what you would have earned. Keeping detailed, organized records pays off in these circumstances. If a motor vehicle accident results in a long-lasting or permanent injury-including chronic pain or fatigue - that will affect your ability to earn a paycheck, you may have grounds to recover for "lost earning capacity." In some situations, you can claim this even if you can work- for instance, if...

Dangerous tractor-trailer rollover accidents -- which occur when a truck flips over while moving -- are frighteningly common on our nation's roadways. Because the wheels have left the ground, the vehicle is totally out of control. Other motorists on the roadway are in jeopardy, as objects that happen vehicles or posing obstacles on the road that may prompt evasive maneuvers... and more accidents. Not to mention, hazardous/toxic payloads can trigger widespread injury and property damage miles from the original accident site, and perhaps long after the incident has occurred. The most common causes of tractor-trailer rollover accidents include: Improperly loaded trailer. If a load's weight is not evenly distributed or properly secured, it may shift while traveling and result in a rollover. Speeding: The higher the speeding, the more potential for rollovers. Rounding a curve or turn too quickly, a shifting load, or hitting an object on the road is all it takes. Wind: Tract...

If you are ever arrested for a DUI, the last thing you may be thinking about is whether the police officer who arrested you was unlawful in making the arrest. If the officer was unlawful, though, it may be enough to get your charges dismissed. Unless you commit a traffic violation, such as speeding or running a red light, a police officer can only pull you over if he or she has reasonable cause to believe you are driving under the influence. Reasonable cause is a very broad term, but some of the things that police officers look for can include: Swerving Weaving in between lanes Endangering other vehicles Following other vehicles too closely Driving well under the speed limit Erratic braking By exhibiting any of these actions, you can give a police officer reasonable cause to assume you're driving under the influence. If you are pulled over or are stopped at a sobriety checkpoint stop, remember that a police officer cannot search your vehicle without your consent. ...

Rollover accidents are among the worst for occupants of a vehicle. Although rollovers account for only 3 percent of all serious crashes, they are responsible for roughly 30 percent of fatalities. Any vehicle can roll over, but taller, narrower vehicles (e.g., SUVs, pickups, and vans) are more susceptible since they have a higher center of gravity and tend to be more top heavy. In addition, rounding a curve or a sudden turn at the wrong speed- or overcorrecting for a sudden turn- renders these vehicles more vulnerable to weight shifts that, when combined with gravity, can lead to rollovers. Steering maneuvers aren't the primary cause of single-vehicle rollovers, however. Bumping into a curb at significant speed, striking a pothole, or two wheels countering a soft roadside shoulder can cause a vehicle to "trip." The government estimates that 95 percent of rollovers are due to "trips". Drivers have a say in minimizing rollover danger. Avoid placing heavy load...

Shoulder injuries often occur as a result of car accidents, partly due to the actual structure of the shoulder itself but also because of other important factors. Here's why: A shoulder is an extremely complex part of the body, with a lot of moving parts working in concert. One key component of the shoulder is a ball-and-socket joint (shoulder socket) in which the ball at the end of the arm's humerus bone (upper arm) rests within a small depression of the scapula (shoulder blade); however, the ball is larger than the socket. This allows the joint to swivel in many directions, providing great range of motion. But this benefits comes at a price. That price is instability of the shoulder joint. What stability the shoulder does have originates from the soft tissues-muscles, tendons, and ligaments- that wrap around it, not from bone, meaning the shoulder is more susceptible to injury. Soft-tissue damage, fractures (i.E., collarbone, shoulder blade, humerus), nerve impairment, ...

If you are arrested for DUI, you will likely want to see the police version of events. You may have to wait a bit, however, as the police report won't be available in most states until your arraignment. And upon review, you may not believe it's referring to you. The police report is a crucial document that possesses the crux of the case against you- namely the account of the incident and all the evidence piled high or low- and can determine if fighting the charge is worthwhile. It will typically contain a checklist for the field sobriety test which consists of three standard tests- a printout of the pas test (a handheld device used to measure blood-alcohol concentration), a print out of the breath machine result, a lab report showing the blood or urine test results- and a written version of events from the police officer(s) at the scene. This written narrative is sometimes a bone of contention. Some police officers fail to treat each DUI as a separate event. They may ...

If you have been involved in a car accident, your immediate focus should be on your physical health. Right away, you should begin the process of documenting your injury if you are considering filing a personal injury claim. Here are some tips: First, visit a doctor as soon as you can. Delaying a doctor's visit after you've been in an accident can give the insurance company all of the ammunition it needs to deny or minimize your claim (the assumption is that you must not be that hurt if you could put off seeing a doctor). You will want to communicate with your doctor openly and inform them of any pains, bruises, or bumps that have occurred as a result of your accident. Discuss your daily activities with your doctor. If you experience pain and discomfort while completing your normal daily activities, let your doctor know and get documentation. It is critically important to keep all follow up appointments after your initial visit. If your doctor recommends physical therap...

If you have a misfortune of suffering injuries as a result of a motor vehicle accident, one of your first priorities is going to be recovering as quickly and fully as possible. The best way to accomplish that goal is to strive to be an ideal patient. Here's what we mean when we say that: Be sure to report all of your symptoms and be completely honsest with your doctor. The key is not to downplay any symptoms (that headache or nagging depression may not seem like a big deal to you, but it could be a sign of a more serious injury), but to also not exaggerate or inflate any symptoms or injuries when discussing them with your doctor. Just be accurate and candid.  When it comes to your appointments, medicines and any treatments, stay on top of things and be inquisitive. Don't be afraid to ask questions about why a particular medicine is being prescribed or why a certain treatment is recommended. Be fully engaged with your recovery.  Carefully follow and adhere to your doctors ...

Despite knowing the dangers of their actions, nearly nine out of ten teenage drivers continue to engage in distracted driving behaviors such as texting or talking on a cell phone according to recent surveys. The study, conducted by Seventeen magazine and AAA, asked nearly 2,000 teens, ages 16-19, about their driving habits. While 84 percent of the respondents indicated that they were aware that distracted driving could increase their risk of having an accident and being injured, 86% still engaged in behaviors such as: Texting; Eating; Applying Makeup; Adjusting the radio, or CD player; Driving with four or more passengers in the vehicle. This survey reveals just how many distractions there are today for teenage drivers and how hard it can be to combat against them. Distracted driving leads to nearly 6,000 deaths each year, according the National Highway Traffic Safety Administration. To find out more about distracted driving, visit  Distraction.gov. Visit us ...