Monday, August 24, 2015

Get Help From a Motorcycle Accident Lawyer

Motorcycle Accident Lawyer
A motorcycle accident lawyer can help you if you have been injured, or if you have lost a loved one, in a wreck caused by another person.  Motorcycles are less visible which contributes to motorcycles often being involved accidents. Most people become so accustomed to driving near and seeing other full-sized vehicles, they do not notice or remind themselves to look for less noticeable vehicles like motorcycles. Since protection to motorcycle riders is also limited, those motorcycle riders that are hit are more likely to be killed or injured. One group estimated that in 2013 the likelihood of dying as a result of a wreck was 25 times greater for motorcycle riders than for drivers of regular vehicles.
With such statistics, sadly, it is likely that someone you know will be fatally injured while operating a motorcycle. If you or a loved one has been injured while operating on your motorcycle due to the negligence of another driver, a motorcycle accident lawyer can help. There are many factors to consider and address in a motorcycle accident claim, and we can help you gather the information you need and organize it to best prepare your case.
You should consider seeking out the help of a motorcycle accident lawyer if:
  • If the accident happened because the other driver was negligent, reckless, careless, violating a traffic law (e.g. speeding, failing to stop/yield), drunk or under the influence of alcohol, distracted (e.g. using their phone, texting, etc.), inexperienced,
  • If the accident happened due to poor workmanship at a repair ship, or if your motorcycle had faulty factory components.
  • The other driver did not have legitimate insurance, meaning that you may have to submit an “uninsured motorist” claim to your own insurance company.   
In many accidents, the person who hit you was breaking a traffic law or driving negligently. When the other driver fails to comply with a traffic law, he/she is negligent. When injured in an accident, you have the right to seek compensation for your injuries and damages. When the case goes to trial, one of the main issues that will be discussed is whether the other driver breached their duty of care and is therefore liable for the injuries and damages that he/she caused.
If you are interested in filing a claim, you will need the appropriate evidence to support it. We can help you gather the evidence you need and determine what evidence helps prove that the other person was at fault for the accident and shows the injuries and damages that you sustained, such as medical bills, lost wages, lost income in the future, etc. Police reports, the names of witnesses, footage from any nearby surveillance cameras, photographs, and medical records and bills are important to gather together if you have access to them.
If you have been injured, or someone you know has been injured or killed due to another driver’s mistake, you should get help from a motorcycle accident lawyer as soon as you can to ensure that the proper evidence is secured and your claim is properly prepare.

Tuesday, August 4, 2015

Preparing for Your Deposition: Tips From a Trial Attorney

Trial Attorney
If you need a trial attorney, call our office to schedule a consultation. We know that most people experience a great deal of anxiety when called to give a deposition. In most cases, their nervousness is because never having done so before, they are often completely in the dark regarding the entire legal process. They do not know what the objectives of a deposition are, what to expect, what pitfalls to look out for, or even what to wear. Because being prepared is more than half the battle, the following tips from a trial attorney on preparing for your deposition should help the entire process go more smoothly, with minimal stress on you. But first: What Is a Deposition? A deposition is a formal, legal proceeding that takes place not in a court, as you might expect, but usually in the office of one of the attorneys. Although no judge is present, a court reporter will administer the oath to the deponent and will also record your sworn testimony to be used in the trial at a later date. During the deposition, you will be asked questions by the opposing counsel, as would happen when cross-examined in court. What Is the Purpose of a Deposition? A deposition is taken for three primary purposes. The opposing attorney wants to learn everything they can about the case and intends to find out what you know about the issues and what you are going to say at trial. They also hope to catch you in an untruth or spot any discrepancies in your testimony to use at trial to show that you are not a witness who can be relied on. This is especially true if your testimony at trial varies in any extent from your testimony in the deposition. Tips From a Trial Attorney for Preparing for Your Deposition. Perhaps the most important fact to remember is that regardless of how nice and friendly the questioning attorney seems to be, they are not on your side. 1) Think Before You Answer: Take your time. It always makes sense to pause and think about the question you have just been asked. This also gives your attorney time to raise an objection to the question if they see fit. Also, never try and answer a question before the attorney has finished asking it. Not only is the court reporter unable to take down what two people are saying at the same time, which makes for a confused transcript, but the question may be slightly different from what you first thought. 2) Make Sure You Understand the Question: It is very important that you pay close attention to every question asked. If the question seems vague or unclear, ask the attorney for clarification or to rephrase the question. You could say something like, "What do you mean by that?" If there are two parts to a question, ask the attorney which they would like answered first. Remember that the longer the question, the greater the possibility you will answer it incorrectly. 3) Keep Your Answers Short and Do Not Volunteer Information: As far as possible, limit your answers to a simple "yes" or "no." While you should not attempt to evade any questions or decline to give facts you are aware of, it is unwise to attempt to insert facts you think might be favorable to the case or argue your position. Remember that lengthy answers often reveal more information to the opposing attorney than your attorney may want them to know. Also, do not attempt to fill in any breaks or pauses in the questions. Volunteering information or telling the attorney what you think they want to know helps the other side. If a direct question hasn't been asked, do not say anything. 4) Stay Calm: Getting angry or excited may cause you to say things that do not "come out right" and could be later used against you. Also, remember that mental fatigue sets in very quickly. If you find you are getting tired, do not be afraid to ask for a break. 5) Do Not Be Afraid to Say You Do not Know or Do Not Remember: There is not a person alive who can remember every single detail of an incident; therefore, do not be afraid to say you do not remember something if that is the truth. Your credibility is at stake here, so do not attempt to embellish details you do not actually remember. 6) Do Not Guess: All too often, the questioning attorney will ask you to give your best estimate of something, like the speed a vehicle was traveling at or how far away something was. Be aware that most people are very poor when it comes to estimating these kinds of numbers, and their best "guess" can often be proved wrong scientifically. Thus, the opposing attorney can show that you have no idea what you are talking about or that you are deliberately misstating facts. 7) Be Wary of Summaries: It is common practice for the opposing attorney to summarize your testimony after answering a number of questions. However, all too often, the summary will be a mixed bag of things you said and some misquotes. If you do not agree with the summary, say so when questioned, then calmly point out which parts are inaccurate. 8) Tell the truth. This is very important. Any lies or half-truths will come back to haunt you and could, if severe enough, tip the balance of the trial. We hope that when preparing for your deposition, these tips from a trial attorney will make the experience more comfortable for you.