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The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizures of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property, and seizure refers to taking the person or property into police custody. Usually, but not always, if a seizure is invalid, it is because the seizure was preceded by an invalid search.

In many drug cases, the arrest and evidence used to support a conviction generally results from a search and seizure. If the constitutional limits were not applied to the government’s conduct, however, the evidence may be deemed inadmissible and the charges may be dismissed or unprovable. An experienced criminal defense attorney can advise his or her clients on whether the evidence leading to a drug charge may have resulted from an improper search or seizure and answer all other questions regarding the criminal justice process in drug cases.

Searches
A “search” does not technically take place unless the investigation intrudes on a person’s privacy. Thus, there generally is no search if the police find a bag of drugs lying on the sidewalk or hanging out of someone’s pocket. On the other hand, if they look in a bedroom drawer to find the same bag of drugs, that conduct will generally be deemed a search. The distinction lies in the “reasonable expectation of privacy” involved. If someone has a reasonable expectation of privacy in an area of his or her person or property (such as in a house or vehicle), police investigation of that area is deemed a search. If there is no such expectation, or if the expectation is not reasonable, no search has been conducted for constitutional purposes.

Searches conducted pursuant to a judge-authorized warrant are generally deemed reasonable unless the warrant was improperly obtained. A search warrant must describe the area to be searched and what the police are searching for. The search must be reasonable in relation to the evidence sought. For example, if the police claim to be searching for a car, they can look in a garage but will not be able to look in a toolbox in the garage. Evidence gathered pursuant to a proper search can generally be seized if it relates to the crime being investigated.

Searches can also be valid if they are done with the consent of someone who has control of the property, which need not be the owner. During an arrest, however, consent to a search is not necessarily required; police can search the arrestee and the immediate surroundings for weapons or evidence that might be destroyed. Following similar reasoning, police may search without a warrant when the search is necessary to protect against destruction or removal of evidence. This is a commonly used exception to the warrant requirement. Police may also conduct searches to protect the public from imminent danger, such as the planting of a bomb, or to search for fleeing criminals.

Seizures of Persons
There has been considerable litigation involving when the government (usually the police) can restrict someone’s movement, or “seize” them. Police interactions with individuals may range from an investigatory stop to a full-blown arrest. The more freedom retained by the person when the police interact with him or her, the lower the level of suspicion required for the police to engage in that interaction. For example, if police merely stop someone to ask questions, all that is usually required is that the police have a reasonable suspicion that a crime has occurred or that the person is in need of assistance. If there is no control and a person is really free to leave, there is no seizure. However, in many instances in which the police stop a person, that person has a reasonable perception that he or she is not free to leave.

If a person is subject to seizure, such as an arrest, that seizure can, like a search, be made pursuant to a warrant. Since a warrant is a court order authorizing an arrest or search, when there is a warrant the seizure is presumptively valid. The presumption of validity can sometimes be overcome, however. For example, a warrant may be invalid if it was obtained on the basis of false or misleading statements to the judge. If the police did not have a warrant, the burden is on them to show that the circumstances justified the seizure. In most instances, the police will have to demonstrate “probable cause,” that is, a reasonable belief that a crime had been or was going to be committed and that the person seized was involved in the crime.

If an arrest or other seizure of the person is invalid, the person must be released. If the police obtained evidence as a result of the invalid arrest, the government may also be prohibited from using that evidence at the person’s trial based on the “exclusionary rule.” This rule also applies to evidence that was obtained as the result of an invalid search.

The police may legitimately search persons and property, and seize both persons and property, either with or without a warrant if the circumstances justify their actions. If they act without probable cause, however, or exceed constitutional limitations on their actions, both searches and seizures may be deemed invalid and any resulting evidence may be tainted and thus inadmissible. If you have been charged with a drug-related crime and have questions about whether the police may have violated your search and seizure rights, contact a knowledgeable criminal defense attorney now.

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The laws of the state in which the accident occurs determine who pays for the damages from an automobile accident. Basically, in a no-fault insurance state, fault is not placed on either party, and each driver generally submits a claim to his or her own insurance company instead of establishing blame. Many states, including Florida, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania, and others, have some form of no-fault insurance laws. No-fault auto insurance is widely misunderstood, and is applied differently in every state that offers it. If you are in an automobile accident, you should contact an experienced personal injury firm to discuss how the relevant state law views fault and to determine how fault or no-fault laws may affect your right to recover damages for injuries.
How no-fault insurance works

“No-fault insurance” describes any automobile insurance system that requires drivers to carry insurance for their own protection and limits their ability to sue other drivers for damages. In an accident under a no-fault system, your auto insurance company will pay for your damages up to your policy limits, no matter who was at fault for the accident. Other drivers involved in the accident are covered by their own automobile insurance policies.

Under a pure no-fault system, drivers would be entirely covered by their own policies and could never sue any other driver for damages, but no state currently uses a pure system. All no-fault states use parts of the no-fault system and parts of the standard-liability system, under which a party is responsible for the cost of damages he or she causes, so lawsuits are permitted under some circumstances in all states.

The amount and type of no-fault insurance required varies from state to state. Some states allow injured parties to sue if their injuries are severe, while others allow suits if the total costs reach a certain dollar level. Many modified no-fault systems pay for economic damages up to the policy limit, but allow the injured party to sue for non-economic damages if the amounts of these damages are greater than a specified amount. These thresholds also vary from state to state. Therefore, you should contact a personal injury law firm experienced in car accidents if you are in an accident in any no-fault state to determine and analyze the relevant laws.

Choice no-fault
Choice no-fault insurance laws create two classes of insured drivers in some states by retaining parts of both the no-fault and the traditional fault-based systems. Pennsylvania and New Jersey have implemented versions of choice no-fault laws. Under a choice system, drivers choose whether they want to be insured under a no-fault plan or retain some traditional tort rights similar to modified no-fault. For example, if a driver chooses a pure no-fault plan, he or she may not be able to sue negligent drivers for non-economic damages, but he is also immune from such suits. However, if the driver retains traditional personal injury suit rights, he or she can sue other drivers who have also chosen to retain their tort rights, but, in exchange, they can sue him or her. An experienced attorney can help you work through the complicated issues regarding fault, whether you are in a fault or a no-fault state.

A no fault insurance policy
If you live in a no-fault state, the no-fault part of your auto insurance policy is usually called personal injury protection (PIP). Different states’ PIP packages cover different expenses, but benefits generally include most injury-related expenses, including medical costs, lost wages, compensation for loss of services, funeral expenses, and death benefits. Some damages, such as pain, suffering, emotional distress and inconvenience, are generally not covered by no-fault insurance coverage. Also, medical expenses or lost income above any established limits are not covered, and other insurance coverage is typically needed to cover physical damage to vehicles.
Conclusion

Although no-fault, in its purest form, would arguably simplify recovery of damages for automobile accident injuries by entirely eliminating any concept of fault, no state currently has a pure no-fault system, and it is unlikely that any state will ever adopt one. The current no-fault and fault systems vary significantly from state to state, and can be very confusing. An attorney experienced in motor vehicle accident cases will be able to help you sort through the applicable state laws and choose the path for recovery that’s best for you.

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Generally, an individual injured in an automobile accident may bring a claim or lawsuit to recover the actual expenses associated with property damage and medical costs, economic damages, and emotional and physical pain and suffering. Litigation involving motor vehicle accidents can be extremely complicated. Retaining an experienced lawyer familiar with motor vehicle accident damages will place you in the best position to receive the recovery that you deserve.

Damages
In automobile accident cases, as in all negligence cases, the injured party may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, past and future lost income, permanent impairment and permanent disfigurement. Typical damages may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous injury does not necessarily affect the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating the earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.

Family member’s damages
The spouse of the accident victim may also be able to recover for damage to the marital relationship. Both the husband and wife usually bring the claim, which is known as “loss of consortium.” Loss of consortium generally refers to any negative effect on the marital relationship caused by the accident, and includes loss of the spouse’s love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.

Insurance
Typically, an insurance company will compensate the victim for his or her damages. If the other driver has insufficient insurance or is not insured at all, the victim may be entitled to compensation from his or her own insurance company under an uninsured or underinsured motorist provision. Also, other insurance policies, such as the policies of other family members or employers, may provide benefits to the injured person. Even if the injured person was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of an accident, you must contact an experienced attorney to review your insurance policies and to inform you of your legal rights under your policies.

Recovery Amount
The value of an automobile accident case depends on a number of factors, including how the state looks at fault, how easily the other party’s fault can be established, the type and seriousness of the injuries, the type of medical treatment required, and the amount of insurance coverage available. Other relevant factors may include how the accident happened, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the assistance of an attorney experienced in handling automobile accident cases, is vital to determine the fair value of your personal injury claim.

Injuries received in a motor vehicle accident can be catastrophic. Serious and disabling injuries can affect not only the injured person, but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a great impact on a family. If you are an automobile accident victim and have specific questions or concerns about compensation for your losses, contact an expert personal injury law firm to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.

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Railroad crossings are very dangerous and present a high potential for collisions. When collisions between automobiles and trains happen, the resulting injuries are almost always tragic and frequently fatal. Railroad crossing accidents can be caused by various factors, including advancing a train without sounding the proper warning whistles or failing to properly mark the crossing or put up gates.

Many railroad crossings are maintained in an unsafe condition without gates, guards, bells, lights, whistle posts, or without providing an adequate warning to cars and pedestrians. Some crossings do not allow for clear visibility of an on-coming train because of overgrown shrubs, trees, or buildings. Other railroad crossings consist of uneven pavement over the railroad crossing, which makes crossing the tracks extremely hazardous.

Other factors causing railroad injuries include excessive train speeds and failure to sound train whistles. Engineers do whatever is necessary to make up lost time. Their speeds have often been recorded in excess of 80 miles an hour when approaching crossings, especially in small town areas.

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Many drivers ignore motor vehicle insurance requirements, cannot afford to purchase insurance, or carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury that results from an accident with a driver who is legally responsible for the injuries, but has no liability coverage. Underinsured motorist coverage pays for bodily injury that results from an accident with a driver who has liability insurance with limits that are lower than the injured party’s underinsured motorist coverage limits. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you contact an attorney at an experienced personal injury law firm immediately so you do not waive valuable legal rights.

Uninsured Motorists
Typically, uninsured motorist coverage protects injured drivers if the at-fault driver has no insurance. Uninsured motorist coverage can also apply when someone is injured in an accident with an unidentified hit-and-run vehicle. If a person has uninsured motorist coverage and is in an accident with an uninsured motorist, he or she can collect from his or her insurance company to recoup damages. If you are involved in an accident with an uninsured motorist, you should consult with an experienced personal injury attorney before you file a claim with your insurance company to ensure that you obtain all of the coverage available to you.

Underinsured Motorists
Underinsured motorist coverage provides compensation for injured drivers when the at-fault driver does not have enough insurance coverage to compensate the injured party in full for his or her injuries. An “underinsured motorist” is generally a person who is responsible for the injuries, but who has opted to purchase only the minimum policy required by law. If a person has purchased underinsured motorist coverage is in an accident with an underinsured motorist, he or she may be able to collect from his or her insurance company to recoup damages that are greater than the responsible party’s limits.

Collecting benefits
In order to collect underinsured or uninsured motorist benefits, a party generally must first establish that the underinsured or uninsured driver was at fault and that he or she suffered significant injuries. In the case of underinsured motorist benefits, the injured party must also collect the at-fault driver’s policy limits before collecting under his or her own insurance policy. An insurance company is typically entitled to a credit for any recovery received from the underinsured motorist’s policy.

Stacking Insurance Coverage
Uninsured and underinsured motorist coverage is “stackable” in some states and under some policies. Stacking uninsured or underinsured motorist coverage may permit a person to add together either insurance coverage from several motor vehicle policies or insurance coverage for several vehicles listed on one policy. In some cases, a person may select stackable coverage at the time he or she purchases the insurance.

Uninsured and underinsured motorist coverage protects a person if someone who does not have adequate insurance injures him or her in an automobile accident. If you are in an accident with someone who is uninsured or underinsured, do not settle with the other driver’s insurance company without first contacting an experienced lawyer. Some underinsured motorist policies are not required to pay if the insured person has settled with the other driver’s insurance company. This can be a very costly mistake. Therefore, you should consult with a personal injury law firm experienced in dealing with automobile accident cases before you settle any portion of your claim. An attorney can provide you with the information and support you need to obtain the best result available to you.

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Whether you are involved in a fender bender or you are suffering from catastrophic injuries, you need an experienced advocate to look out for you, protect your interests, and see that you are treated fairly by the insurance company.

James Law Group, LLC, in St. Peters, Missouri, has extensive experience representing clients suffering from injuries sustained in auto accidents. We will work tirelessly to secure the compensation you are entitled to receive. Our attorneys help people who have sustained serious brain injuries, burns, fractures, breaks, dislocations, neck injuries, whiplash, back injuries, nerve injuries, paralysis, and spinal cord injuries. We handle motor vehicle collisions, car accidents, and crashes involving the negligent and reckless conduct of other drivers in:

• Alcohol and drug-related motor vehicle wrecks, collisions, and crashes
• Drunk driving crashes
• Hit and run accidents involving personal injuries
• Rear end collisions and intersection accidents
• Motorcycle accidents, crashes and collisions
• Rollover accidents involving cars, trucks, SUVs and other motor vehicles
• Semi-truck, eighteen wheeler, and tractor trailer crashes
• Railroad Crossing Accidents
• Uninsured and underinsured drivers
• Wrongful death lawsuits
• Brain Injury

The insurance company will work hard to limit your financial recovery. We work just as hard to maximize it. If you have been injured in a Missouri car accident, you can count on the experience and caring representation provided by the lawyers at James Law Group, LLC. Contact us today to get the legal representation you need to get the best outcome from your car accident claim.

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