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The Dos

Do call your agent as soon as a covered event takes place. As soon as you get home from the car accident, or even before you go to the doctor, call your agent.

Do review and understand your coverage before talking to your insurer or your agent. Read the “Coverage” and “Exclusion” sections of you policy in particular.

Do take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor’s name.

Do consider whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, “umbrella” policies, and materials that came with your credit cards.

Do take pictures, if possible. That doesn’t mean you should sneak a “PatientCam” into surgery with you, but take pictures of your destroyed vehicle, fire-damaged home, or injuries if you can.

Do be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the facts. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage.

Do understand the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don’t settle a personal property loss for “actual cash value.” You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.

Do keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.

The Don’ts

Don’t give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, do consult an attorney.

Don’t automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator’s or contractor’s repair or replacement estimates, which might be a bit low. DON’T sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you to accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.

Don’t accept any check that says “final payment” unless you are ready to do so.

Don’t ignore time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If your claim has not been settled to your satisfaction eleven months after your loss, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.

Don’t forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.

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Cases arising out of automobile accidents are by far the most common type of personal injury case pending in our court system today. This is not surprising, given that every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA). Except in those states where legislation eliminating fault as an issue has been passed (no-fault laws), these cases are typically governed by the law of negligence. Generally, people who operate automobiles must exercise “reasonable care under the circumstances.” A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence was a proximate cause of the accident, and that the accident caused the plaintiff’s injuries. If you have been involved in a motor vehicle accident, you must not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.
Fault

As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Fault issues can be complicated, and an experienced attorney will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident.

Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:

• disobeying traffic signs or signals;
• failing to signal while turning;
• driving above or below the posted speed limit;
• disregarding weather or traffic conditions;
• failing to drive on the right side of the road; and
• driving under the influence of drugs or alcohol.

Causes of Automobile Accidents
A driver may also be liable for an accident due to his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with “willful and wanton disregard” for the probability that such driving may cause an accident. A driver could be found reckless, for example, if he or she drives in a threatening or harassing manner out of “road rage” and causes an accident. (Criminal charges will also stem from such behavior). Road rage is defined as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway.”

Statistics compiled in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving. According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families. About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year.

Traffic safety and law enforcement organizations are renewing efforts to identify and penalize aggressive drivers-those who speed, tailgate, zip from lane to lane, flash headlights in frustration, and engage in other dangerous driving practices. The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:

• speeding-exceeding the posted limit or driving too fast for conditions;
• improper or excessive lane changing;
• failing to signal intent;
• failing to see that movement can be made safely; orv
• improper passing-failing to signal intent, using an emergency lane to pass, or passing on the shoulder.

Avoiding an Accident
If you are confronted by an aggressive driver, the NHTSA recommends that you take the following actions:

• Get out of the way: first and foremost, make every attempt to get out of his or her way.
• Put your pride aside: do not challenge the aggressive driver by speeding up or attempting to hold-your-own in your travel lane.
• Avoid eye contact: eye contact can sometimes enrage an aggressive driver.
• Avoid gestures: ignore gestures and refuse to return them.
• Report serious aggressive driving: you or a passenger may call the police, but, if you use a cell phone, pull over to a safe location.

Drunk Driving
Every 30 minutes, someone in this country dies in an alcohol-related crash. Last year alone, over one million people were injured in alcohol-related traffic crashes. In a lawsuit arising from a drunk driving accident, in addition to the intoxicated driver being held liable for the injuries he or she caused, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. The fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability, however. Experienced personal injury attorneys are aware of the many laws governing legal responsibility and can help you identify who might be held responsible for your injuries, including people or businesses you may not have considered.

Accidents that are Not Caused by the Drivers Involved
In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an automobile accident may occur due to a defect in someone’s automobile. In such a case, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in designing, manufacturing, or labeling the product-the manufacturer is liable for any injuries the product causes, regardless of whether the manufacturer was negligent.

Another example of a situation where a driver may not be at fault for an accident is where a mechanic fails to properly repair a vehicle, and the failure causes an accident. In such a case, the person who improperly repaired the automobile, and his employer, may be liable for the injuries sustained under the theory of negligence.

Other factors, such as poorly maintained roads and malfunctioning traffic control signals can contribute to cause an accident as well. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In cases such as this, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies, however, and good legal advice is critical to preserving and winning such claims.
Conclusion

In all of the above cases, it is essential that accident victims take prompt measures to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been a victim of an automobile accident, do not hesitate to call upon personal injury attorneys who are skilled and experienced in motor vehicle accident cases to assess your situation and determine the best methods for you to obtain any compensation available for the damages you suffered.

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Immediately after the accident
If you are involved in an automobile collision, stop. Most states require an individual not to leave the scene of an accident, even a minor one, without first stopping to see whether there are damages or injuries. A person may be criminally prosecuted for leaving the scene of an automobile accident.

Next, check for injuries. Generally, you should not move an injured person. Call an ambulance, if necessary, and the police. If you are unable to call, ask somebody else to call the police to report the accident and inform the police of the number of people who are injured, so that enough emergency personnel respond to the scene.

If possible, notify oncoming traffic to proceed with caution by setting out flares, turning on your hazard lights, or raising the hood or trunk of your vehicle.

You and the other driver should exchange information, including the other driver’s name, address, phone number, drivers license number, license plate number, insurance carrier, policy number, and agent’s name and telephone number. You should also provide the same information to the other driver.

Obtain identifying information from any witnesses to the accident, and ask the police officer who investigates the scene to provide you with a business card and the “incident number,” so that you can obtain an accident report.

You may also want to take notes about where and how the accident occurred, road conditions, speed limits, traffic control devices, weather, lighting, and what the cars were doing at the time of the collision. However, if you end up in litigation related to the accident, you may be required to share these notes with the other party.

Even if you think you are at fault, do not say so. The other driver may share the fault or other factors may have caused the accident. An admission of fault may be used against you later on.

When the police arrive
Cooperate fully with the police when they arrive, and stay at the accident scene until the police tell you that you can leave. When you speak to the police, tell them only the facts of what happened, and do not draw any conclusions. Do not admit responsibility for the accident to the other drivers, passengers, witnesses or the police. Responsibility or liability is a legal matter that is not always easy to determine. Inform the police of any injuries and witnesses.

Soon after the accident
Photograph your injuries and the damages to your car. Gather all automobile insurance policies in your household for evaluation by an attorney, and inform your insurance company of the accident. Obtain legal advice before filling out insurance documents, giving recorded statements to any insurance company, or meeting with any insurance company representative. It is especially important to consult an attorney before giving a statement to the other driver’s insurance company. Do not sign any check or document from any insurance company without first consulting an experienced personal injury attorney.

Consult a physician as soon as possible. You may experience a time lag between the collision and full awareness of the extent of your injuries. Certain injuries may not be apparent until sometime after an accident. By not seeing a doctor, you risk delaying your treatment and aggravating your injury. Even minor soreness can be an indication of a more significant injury. Therefore, if you believe there is any chance you may have been injured, you should see a doctor as soon as possible. An insurance company may argue that the failure of an individual to see a doctor right away indicates that an injury must have resulted from an unrelated event after the accident. The longer you wait for medical treatment, the more difficult it will be to connect the injuries to the accident. Be sure to report any memory loss, headaches, blood or fluid in your ear, dizziness, ringing in your ears, disorientation, nausea, or confusion.

Later
Within a few days of the accident, record all important information, license numbers, and the year, make and color of all vehicles involved, and the details of the accident, including date, time, location, road conditions, traffic controls, and weather conditions. If you have not yet contacted an attorney, you should talk to a lawyer that has the experience, dedication and ability to maximize your compensation and minimize the frustration, delay and confusion that you may experience when you make an injury claim.

Document all of your losses, including medical bills, reasonable transportation costs related to the injuries, future medical treatment, lost wages, future loss of earnings, the effect on your family, and the effect on your life. An experienced attorney can help you identify all losses that may be related to your accident.

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Drug charges cover a broad range of offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can be terrifying, however, and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even graver consequences. An experienced criminal defense attorney can take some of the terror out of drug charges by answering questions and guiding an accused offender through the complex legal maze that awaits.

Federal and State Drug Laws
Although in earlier times drugs were an accepted part of many religious rituals and were lauded for their medicinal effects, society’s view of drug use changed and the first narcotics laws began to appear in the early 1900s. In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.

The most severe legal restrictions and penalties involve Schedule I and II drugs as set forth in the federal law. Schedule I drugs are those with a high potential for abuse, with an absence of any medical use, and that are dangerous to the user even under medical supervision. The most well known of these drugs are heroin, LSD, mescaline, marijuana, and peyote. Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines. Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well known Schedule III drug is naline, which is used to detect narcotic use. Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives. Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

Drug-Related Crimes and Penalties
The federal sentencing guidelines begin with forty-three base offense levels for drug charges and add or subtract a few levels depending on certain specified criteria. The higher the offense level, the harsher the sentence. The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. For instance, if the conviction is for the crime of manufacturing 300 kilograms of heroin, the base offense level is forty-two. If the conviction is for manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight. Crack is a form of cocaine and is listed on the same schedule of controlled substances, but the quantity of crack needed to impose a certain sentence is much less than the quantity of powdered cocaine. A person convicted of the crime of delivering five grams of crack will receive a sentence in the federal system of five to forty years, for example, whereas to receive that same sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is essential for an accused to be represented by attorneys who have experience navigating these sentencing issues.

The crime of “simple possession” requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription. The government must prove that the offender knew the drug was a controlled substance and that he or she had either actual possession of it or other control over it, either alone or with another. The federal sentencing guidelines provide for a maximum of one year in prison for a first offender, a maximum of two years in prison for a second offender, and a maximum of three years in prison for a third or higher offender. The sentence for possession of more than five grams of crack cocaine, however, is increased to a minimum of five years in prison, even for first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties depending on the drug involved, the quantity of the drug, and the offender’s prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin will receive a mandatory minimum sentence of five years in prison, but possibly as many as forty years. Three crimes-distributing controlled substances to persons under twenty-one years of age, distributing controlled substances near a school, and causing persons under age eighteen to violate drug laws-are penalty-enhancement crimes for which the sentence is double or triple what it would otherwise be for distributing that particular amount and type of drug under other circumstances.

The offense of “continuing criminal enterprise” is charged when the defendant commits a felony drug violation as part of a continuing enterprise or scheme with five or more individuals, and from which substantial income is derived. The penalty is twenty years to life in prison, or even the death penalty if the offender intentionally kills another in the course of the enterprise.

Drug crimes carry harsh penalties, particularly under the federal law. If you have been charged with a drug-related crime, you could be facing time in prison-a frightening thought for most people. If your future is on the line because of a drug charge, do not hesitate to call an experienced criminal defense attorney, who will put his or her skill and knowledge to work for you at once.

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According to the Bureau of Justice Statistics, it costs a national average of over $20,000 per year to incarcerate a criminal offender. With about 150,000 inmates currently incarcerated on drug possession charges, the United States is spending nearly $3,000,000 each year to imprison these people. Further, research has indicated that every dollar invested in addiction treatment programs yields a return of between four and seven dollars in reduced drug-related crime, criminal justice costs, and theft. With such impressive savings at stake, more courts are looking at drug treatment versus imprisonment when sentencing drug offenders. Experienced criminal law attorneys can describe the treatment options available to drug offenders in their states and push for those options instead of imprisonment.

More and More States Encourage or Require Sentencing to Treatment Centers
Some states have implemented legislation that encourages or even mandates this new approach to sentencing drug offenders. The sentencing programs in these states recognize that in some cases, the best solution for drug problems is not increased incarceration but rather increased treatment. California’s law, for instance, requires judges to offer nonviolent drug offenders probation with substance abuse treatment in lieu of incarceration for their first two offenses. The court can choose from a variety of state-licensed treatment programs. The offender’s sentence may also include community service, literacy training, family counseling, and vocational training.

While most states have some kind of law that provides treatment options to drug offenders, California was only the second state to pass a comprehensive program by voter referendum. Arizona was the first in 1996 with its Drug Medicalization, Prevention and Control Act. Arizona’s Supreme Court has found that 75% of the participants in its program remained drug free in the first year, saving the state $2,500,000. Based on these positive results, other states are also working on treatment options for nonviolent offenders. New York’s chief judge ordered the state’s courts to start phasing in a program that would offer nearly all substance-abusing criminals treatment instead of jail time, for example, and North Carolina and Oregon have also passed laws regarding drug court or conditional probation for certain drug offenders. Washington state, too, has provided for sentencing alternatives in drug cases.

These states have demonstrated that by providing treatment to non-violent drug offenders that would otherwise be incarcerated, society benefits in many ways. Millions of tax dollars can be saved by providing treatment, and treatment programs also incorporate vocational and life skill training, thus enabling the drug user to become a productive part of society once again.

Current drug policy places an increasing burden on an already overburdened and over-crowded prison system by incarcerating non-violent drug offenders in spaces that could be better used to house violent criminals. The public stands to benefit from the financial and societal savings that result from treatment versus imprisonment for certain drug offenders, and the offenders themselves benefit from the training and rehabilitation afforded them in treatment centers. If you or someone you know has been charged with a drug-related crime and you have questions about the options that may be available, contact an experienced criminal defense attorney now.

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» 13,000 people have been injured or killed since 1990 in crashes caused by aggressive driving. If you have been a victim of aggressive driving, click here to tell us about your case.

» Every 30 minutes, someone in this country dies in an alcohol-related automobile crash. If you have been affected by an alcohol-related accident, click here for an evaluation of your case.

» Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. If you haven’t brought a personal injury claim because you didn’t think there was another driver to blame, contact us to evaluate other potential defendants.

» Road rage is defined as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger(s) of another motor vehicle or an assault precipitated by an incident that occurred on a roadway.” If you have suffered as a result of someone else’s road rage, contact us!

To learn more about car accidents and what actions you should take, visit our car accident faq.

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» The Federal Bureau of Investigation’s Uniform Crime Reports estimated that in 2002 there were a total of 1,538,800 state and local arrests for drug violations in the United States. If you are one of the many facing drug charges this year, it is imperative that you seek legal counsel at once.

» The total number of drug arrests per year tops the annual total for all other offenses, including drunk driving, assault, theft, and disorderly conduct. If you are charged with a drug offense, do not delay in contacting a criminal defense attorney with experience defending against drug charges.

» The Bureau of Justice Statistics of the United States Department of Justice also reports that the likelihood of an arrest leading to a conviction has generally risen in the past decade. When the stakes are this high, your best bet is to work with counsel skilled at defending against drug charges.

» Over two-thirds of those convicted of a felony in 2000 were sentenced to incarceration, with an average felony sentence of four and one-half years. If you want to reduce the chances that you’ll spend the next few years of your life in jail, you must make sure that your defense strategy includes having a veteran of the criminal justice system with drug defense experience on your team.

To learn more about criminal defense and what actions you should take, visit our drug charge faq.

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The Fifth Amendment mandates that charges for all capital and “infamous” crimes be brought by an indictment returned by a grand jury. The Amendment has been interpreted to require an indictment to charge all federal felonies, including federal drug charges, unless a defendant waives his or her right to be indicted. The Supreme Court has concluded, however, that states are not bound by this part of the Fifth Amendment. Although legal counsel for the person at the center of the proceedings and for witnesses testifying in front of the grand jury cannot be in the grand jury room, an experienced criminal law attorney can provide advice outside of the presence of the jury and explain the grand jury process, taking some of the mystery and terror out of this procedure.

“Regular” and “Special” Grand Juries
Federal grand juries usually serve two functions. The first is the indictment process, which involves deciding if someone should be charged with a crime. This purpose is served by a regular grand jury. The second purpose is to investigate criminal activity. Special grand juries serving this purpose may be called upon to explore whether there is possible criminal activity, like an ongoing criminal enterprise. Drug charges are more likely to be the subject of a regular grand jury, but in the case of a suspected criminal enterprise involving drugs or another complicated and more serious crime, like a racketeering violation, a special grand jury may be convened.

The purpose of a regular grand jury proceeding is to determine if there is enough evidence to charge someone with a crime. The proceeding does not have the adversarial “give and take” of a trial to determine guilt. Only prosecutors may introduce evidence in a grand jury proceeding. In addition, grand juries can gather evidence independent of the prosecutor through the use of subpoenas. They can also ask questions of witnesses that the prosecutor did not ask. The person who might be charged, however, does not have the right to even attend the proceeding or to present evidence.

A Cloak of Secrecy
Grand jury proceedings are secret. Although some courts record grand jury proceedings, the proceedings and their transcripts are not open to the public or the press. Grand jurors and witnesses are sworn not to reveal what happened in the proceedings. Unless a judge lifts this secrecy requirement, the oath of secrecy continues forever. In many instances, though, a judge may lift the requirement after an indictment has been charged.

A witness in a grand jury proceeding is not entitled to have his or her attorney present in the grand jury room while testifying. However, the attorney may wait outside the room and the witness may ask to leave the grand jury room to consult with his or her attorney. Although witnesses before federal grand juries do not have the right to an attorney, many courts will appoint an attorney for a witness who cannot afford one.

The Composition of a Grand Jury
There are usually between sixteen and twenty-three jurors on a grand jury. A grand jury can only conduct official activities when it has a quorum, which usually consists of at least sixteen people. Sometimes a court may appoint one or more alternate grand jurors to replace a grand juror who is excused during the term for illness or other reasons. If alternates have not been appointed, the court can replace a grand juror merely by appointing another individual to serve in that role.

Grand juries must have a foreperson and a deputy foreperson. The court supervising the grand jury usually appoints the foreperson and deputy foreperson based on input from the jurors. The foreperson administers oaths to witnesses and presides over the grand jury’s sessions. The deputy foreperson performs the foreperson’s duties when the foreperson is unavailable.

Grand juries have a lot of power. They can determine whether enough evidence exists to bring drug charges against one or more individuals, but they can also refuse to indict someone if they do not believe there is sufficient evidence to charge him or her with a crime. Although defense lawyers are not present in the grand jury room, they still serve the essential role of advising both witnesses and those persons whose actions are the subject of the grand jury proceedings. Accordingly, the counsel of the most knowledgeable and experienced criminal defense attorneys is an essential part of the grand jury process.

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These guidelines will help you determine who is responsible if you slip or trip and fall on someone else’s property.

Many thousands of people are injured each year – some very seriously – when they slip or trip and fall on a dangerous floor, a flight of stairs or a rough patch of ground. If you have been injured in this way, first consider that it is a normal part of living for things to fall or to drip on a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground – a drainage grate, for example – serve a useful purpose there. Therefore, someone who owns or occupies property cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we’re going.

There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen – and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.

Determining a Property or Business Owner’s Liability

To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, the owner of the premises or the owner’s employee:

• must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item, to be underfoot
• must have known of the dangerous surface but did nothing about it, or
• should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.

The third situation is the most common, but is also less clear-cut than the first two because of those pesky words “should have known.” Liability in these cases is decided by common sense. The law determines whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
Reasonable Care of Property

In determining a property owner’s “reasonableness,” the law concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean. Here are some initial questions you can ask to determine whether a property or business owner may be liable for your slip or trip and fall injuries:

• If you tripped over a torn, broken or bulging area of carpet, floor or ground, or slipped on a wet or loose area, had the dangerous spot been there long enough so that the owner should have known about it?
• Does the property owner have a regular procedure for examining and cleaning or repairing the premises? If so, what is it and what proof does the owner have of this regular maintenance?
• If you tripped over or slipped on an object someone had placed or left on or in the floor or ground, was there a legitimate reason for the object to be there?
• If there once had been a good reason for the object to be there but that reason no longer exists, could the object have been removed or covered or otherwise made safe?
• Was there a safer place the object could have been located, or placed in a safer manner, without much greater inconvenience or expense to the property owner or operator?
• Could a simple barrier have been created or warning given to prevent people from slipping or tripping?
• Did poor or broken lighting contribute to the accident?

If the answers to one or more of these questions come out in your favor, you may have a good claim for compensation. However, you must still think about whether your own carelessness contributed in any significant way to your accident.

Consider Your Own Carelessness

In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of “comparative negligence” help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct – an insurance adjuster will almost certainly ask them after you file your claim.

• Did you have a legitimate reason – a reason the owner should have anticipated – for being where the dangerous ground was?
• Should a careful person have noticed the dangerous spot and avoided it, or walked carefully enough not to slip or trip?
• Were there any warnings that the spot might be dangerous?
• Were you doing anything that distracted you from paying attention to where you were going, or were you running, jumping or fooling around in a way that made falling more likely?

You don’t have to “prove” to an insurance adjuster that you were careful. But think about what you were doing, and describe it clearly so that an insurance adjuster will understand that you were not careless.

To read and printout a copy of the Form please link below.

Checklist: Information and Documents to Collect for Your Lawyer (pdf)

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The United States judicial system is divided into state and federal courts. Whether a person accused of a drug-related crime is prosecuted in the federal or state criminal system depends on what laws were violated and the policies and procedures of each court system. Out of the millions of felony prosecutions filed each year, only about three percent are filed in the federal system. Often a particular criminal behavior will violate both a state and a federal law, and drug charges are no exception. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system’s policy considerations. If accused of a drug charge, it is crucial to contact an attorney who understands both systems through long experience.

The main federal law at issue in drug cases is the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as necessary. Most states have drug laws that mirror the federal act, but the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes. A lawyer experienced in criminal law can explain the differences between the state and federal court systems, both in general terms and with regard to drug charges in particular.

Sources of Federal Laws Relating to Drug Charges
Traditionally, defining crimes and providing for their prosecution and punishment has been a function of each state’s government. The federal government must act within the powers authorized by the Constitution when defining a federal crime. Congress generally uses its powers to tax, regulate commerce, and control the postal system when creating a federal crime. Thus, examples of federal crimes include mail fraud (postal power), anti-racketeering crimes in RICO (commerce power), and tax evasion (tax power), all of which could be implicated in more serious drug cases like a conspiracy or criminal enterprise case. Punishment for federal crimes is governed by the federal sentencing guidelines, which are based on a table incorporating two elements: the offense level and the offender’s prior criminal history. There are forty-three offense levels listed in the guidelines, with a base offense level established for each federal crime, plus calculations for increasing or decreasing the base level depending on individual characteristics of the crime.

The sentencing guidelines are constantly being scrutinized and revamped. In 2000, amendments were made to the guidelines in a number of areas including changes with regard to sentencing for methamphetamine possession. The guidelines have met with significant criticism for their imposition of “mandatory minimum” sentences. Many members of the public, and some members of the judiciary, feel as though the guidelines are too confining and do not allow for the appropriate consideration of factors and for the appropriate imposition of penalties.

Finally, much of criminal procedure is determined by the requirements of the Constitution. First and foremost, the Constitution requires that every person receive due process of law before his or her life or her life, liberty, or property can be taken. The Due Process Clause is the basis for the requirement that crimes be clearly defined and that the government must prove every element of the crime beyond a reasonable doubt. The Fourth Amendment protection against unreasonable searches and seizures is the basis of the exclusionary rule that keeps illegally seized evidence out of a criminal trial, and the Fifth Amendment’s bar on self-incrimination gives offenders the right to remain silent and to choose not to take the stand in their own defense. The Sixth Amendment guarantees the accused a right to an attorney who is allowed to be present at all stages of the criminal proceeding, including during a custodial police interview. And the Eighth Amendment bans cruel and unusual punishment and has been used to invalidate harsh sentences and prevent abuses of prisoners.

There are ninety-four federal district courts that have original jurisdiction over cases involving federal crimes as well as over various types of civil cases. Eleven courts of appeal hear appeals from the individual district courts. The United States Supreme Court can review cases from the federal courts of appeal and state supreme courts.

Drug crimes can be charged and prosecuted under either federal or state law, or, at least theoretically, both. An attorney experienced in criminal law can explain the intricacies of both judicial systems and zealously represent persons charged under either scheme in the appropriate court.

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