93.1 KISS FM – Ask A Lawyer, Part 1

 

Announcer: You are listening to Mike and Tricia Mornings, 93.1 KISS FM.

Mike: It’s called “Ask a Lawyer.” It’s our new monthly feature with special guest, Michael Gopin. It starts today. It’s your opportunity to get legal advice on problems you may have and anything related to personal injury law from a qualified professional.

Tricia: Okay. So on the KISS FM free mobile app, we have got a question from Jasmine, and she said she was in an accident. She was rear-ended about a year ago. Before the pandemic, she didn’t have a chance to hire a lawyer. She said her car is still not fixed and the person who hit her isn’t answering her calls, and now she can’t get a hold of the evil insurance adjuster, so she wants to know, is it too late to try and be compensated for the damage?

Michael: Yes, that’s a very good question. No, it’s not too late. You have two years from the date of the accident to bring a claim or bring a lawsuit actually against the person who caused the accident. So it’s not too late.

Now, certainly, the insurance company, as I know from experience, likes to dodge things and not answer the calls and puts you off, but certainly, you can go to a lawyer and seek to get your proper damage fixed. And if you were injured, I don’t know by the question if you were hurt or not, but it’s not too late for that also. But if you haven’t been to the doctor and it’s a year out, you know, then it’s probably not gonna be a very strong case for anything in terms of personal injury because you hadn’t treated yet. So it’s not too late, so you can certainly call a lawyer.

Tricia: Okay. The second one off of the KISS FM app, this person says, “I have a notarized agreement signed by a person who owes me money. He’s now refusing to pay and I was wondering if I need to take this to small claims court.”

Michael: You certainly can take it to small claims court. For that type of case, you have a little bit more time. You have probably four years from the date of the contract or the notary agreement to file a claim in a small claims court. The problem that you’re gonna run into is collection.

So let’s just assume for this question that you win your case and you have a judge say, “Pay me $1,000,” or whatever the amount is owed, you’re still gonna run into the same problem of collecting the money from the person who owes it to you. They can’t throw you in jail or do things like that for not paying the money, so that’s the difficult part. So that’s where you’re going to have a problem.

Mike: But if you have a claim against a person that somehow you can be able to collect eventually, can’t you?

Michael: Just depends. In Texas, you cannot take away their home. You can’t take away their car. You can’t take away a certain amount of personal property. So most people in Texas are called what they call judgment-proof, which means you can have a judgment against them, but there’s no way to be able to collect it or enforce it. It’ll stay. So if they, at some point, own more than one piece of property or have more wealth…

Mike: Or win the lottery.

Michael: Or win the lottery, then you can collect. And the judgments are good for 10 years at a time and you can renew them so they can last for a lifetime, but it’s a lot of work and there’s certainly no guarantees that you’re gonna recover. So that’s the problem a lot of times with cases that there’s no insurance at all because most people in Texas are protected by the homestead laws and the laws regarding creditors, so it’s a tough issue.

Mike: I know that this one, it was like a person to person kind of thing with a notarized letter saying, “I borrowed this, and I owe you this.”

Tricia: “I’ll pay you back.” Yeah.

Mike: Does it work the same way when you sign a contract with a business?

Michael: Same way, same thing.

Mike: So if I signed a contract saying I would pay the window installer a certain amount and they install the windows and then I default on the payment, it would work the same way? They could come after me, but they’re not necessarily gonna get my money if I don’t have it?

Michael: The question in that type of case is, was there a mechanics lien filed because that would protect them also. So if they did a lien and did things proper on their end, they may have some additional rights that you’re not gonna get around because there’ll be a lien on the house or the home.

Mike: That’s what a mechanics lien is.

Michael: Correct.

Tricia: For the work done, yeah.

Michael: Yeah. So that would be the question. If they did it legally and properly to preserve a lien, then the person would owe the money and they really can’t get out of that debt because when the house is sold, the lien is gonna pop up and it will be paid.

Mike: So, I mean, it’s not like they can’t take your house away but…

Tricia: Right. But eventually, if you sell your house…

Mike: One of these days, someday, part of your estate or whatever, that house is gonna have to change hands.

Michael: Correct.

Mike: And that’s when.

Tricia: And that happens all the time. My dad does probate law. Yeah. My dad does probate law and that happens all the time. People, you know, the heirs are like, “Hey, wait a minute.”

Michael: “We didn’t know we had that debt.”

Tricia: “I didn’t know that there was a $50,000 lien against my dad,” you know, whatever. But this, it kind of illustrates that even though you think to yourself, “I have this piece of paper, it’s notarized. You say you’re going to pay me back. I’m going to get this money.” If you don’t go and spend a couple of hundred bucks on an attorney to make sure that you’re writing, whatever it is written correctly to save, you know, both of you guys, then you really do need to go see that lawyer. A lot of people think, “I don’t need to do this. Come on. It’s written on a piece of paper, everybody’s signatures are on it and stuff like that,” but that’s not the case.

Michael: That’s not the case because the paper is only good as, you know, what it’s written on. So, you know, you have to be able to collect, you have to be able to have some protection. That’s why with a car, for example, you have a contract with a car, would they have a lien on the car? So that’s the bank’s collateral.

And in the case of this person who lent the money out, there’s no collateral. There’s no lien. They have a duty, a moral duty, and a legal duty to pay it back, but it doesn’t mean that they’re going to actually get it because of the collection laws.

Mike: Okay. So then, like, I don’t even know if you could answer this, but so then how would a person in this kind of situation go about making sure that he wouldn’t be in this kind of situation? Is there something on top of a piece of paper with a signature saying…

Tricia: Like if you owed somebody’s money.

Mike: Yeah, “I promise that I’m going to pay you the money back, brother-in-law.”

Michael: Well, you can attach it to something, you know, real estate, for example. Not your home. The home has special laws to protect it, so you can’t necessarily give away someone a lien unless they really are proper in what they do, and that’s pretty difficult to do.

But you know, you could have your car as collateral for a loan. So, you know, you can put them in the title, you know, for the cars that they have a lien on that. So that would be the only way to protect yourself. Or you could, you know, if they’re borrowing money, you could take jewelry or something as collateral or something that you have in your possession that’s valuable to protect yourself, otherwise, blind trust.

Mike: Otherwise, they don’t pay, you keep it. Okay, all right.

Tricia: Yeah. And so, okay. So the other question that a lot of people ask is, “So can I get a free consultation?”

Michael: Most lawyers give free consultations. Not all. I know in family law, typically there is a charge for the initial consultation. For our office, for all personal injury-related, you know, ideas, or possible cases, we certainly give a free consultation to them. These days that would be, you know, by phone or Zoom as opposed to in person, but yes, certainly you can get a free consultation with any questions that you may have.

Mike: Okay. All right. Let’s take a break, and then when we come back, I know you also have an ebook that people can access and learn a little bit more about your services.

Michael: Sounds good.

Mike: So we’ll talk about that next, 93.1 KISS FM, it’s “Ask a Lawyer” with our special guest, Michael Gopin.

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Automatic Emergency Brakes Could Prevent Serious Big Rig Crashes

Large semi-trucks are some of the most dangerous vehicles on the road. When an accident involves a large truck, which may weigh up to 15 times more than a passenger vehicle, the likelihood of serious injury and death resulting skyrockets.

Despite this danger, many large semi-trucks lack common safety technologies proven to reduce accidents, including automatic emergency braking (AEB) as well as forward-collision warning (FCW).

Both of these technologies play a key role in helping reduce the risk of accidents in which a truck rear-ends another motor vehicle. A recent report from the Insurance Institute for Highway Safety (IIHS) found that installing AEB and/or FCW on large semi-trucks (over 33,000 pounds) could prevent over 40 percent of accidents in which a large truck strikes another vehicle from behind. In 2018, at least 119 people died in such accidents in the U.S., and many more were injured.

What the Statistics Show 

The study conducted by the IIHS found that trucks that had FCW were involved in 22 percent fewer crashes overall, and those with AEB experienced 12 percent fewer crashes. In passenger vehicles with these safety features, the IIHS found a 43 percent drop in front-to-rear accidents.

Despite this demonstrated reduction in accident risk, the IIHS estimates that AEB and/or FCW are installed on about only half of the new commercial semi-trucks. About 66 percent of new passenger vehicles come equipped with these safety features. Semi-trucks have a lower level of AEB/FCW equipment, even though their large size and weight make them much more dangerous than passenger vehicles.

Not only do AEB and FCW prevent accidents, but they can also help make accidents less severe when they do happen, since these safety features are designed to slow down the vehicle before it impacts another vehicle or surface. In fact, in a study of AEB and FCW in passenger vehicles, the IIHS found that these safety features resulted in a 65% drop in injuries in crashes that did occur.

What the Study Reinforces

The IIHS study shows that with the widespread implementation of AEB and FCW safety technology, countless lives could be saved, and even more injuries avoided. According to Oriene Shin, policy counsel for Consumer Reports, “Congress should take action now by requiring AEB on all new vehicles, including large trucks, and directing NHTSA to create strong performance standards for the technology.”

In the past, the trucking industry had been opposed to government mandates for trucks to be equipped with AEB, but the American Trucking Association says that they are working with officials, fleet managers, and individual owners to encourage safety feature implementation and to determine if mandates should be implemented.

Contact Us for Legal Assistance

If you or a loved one has been in an accident involving a large truck, you may be eligible for compensation. Contact the Law Offices of Michael J. Gopin, PLLC, today by calling (915) 613-5076. Our community-focused law firm has been in business since 1987, and with 30-plus years of combined legal experience, we are ready to do everything possible to assist you with your case.

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Risky Driving Can Be Cut in Half with Monitoring and Coaching, Study Shows

Monitoring and coaching drivers on the job could reduce risky driving behaviors by half, according to a new study conducted by the Virginia Tech Transportation Institute. Researchers discovered this by monitoring drivers in a fleet of oil and gas well servicing vehicles. When drivers of these light trucks were monitored and coached on bad habits, incidents of speeding and hard braking were cut in half, researchers found.

The study found that speeding events and aggressive driving dropped dramatically in the six weeks when drivers were coached and scored. Speeding events ranging from 3.6 to 8.7 per hour dropped to 1.49 to 3.61 per hour. Aggressive driving events dropped from .89 to 1.18 per hour to .41 to .59 per hour. Overall, the study highlighted the importance of accountability in improving driving behavior.

How the Study Was Conducted 

Researchers collected 3,500 hours of data from 23 pickups driven by employees who worked on 30 oil and gas well rigs in western Colorado and eastern Utah. Researchers installed monitoring dongles in vehicles driven by the oil and gas well service workers. Both drivers and managers were unaware the monitoring devices had been installed in order to ensure the researchers could capture true driving habits, uninfluenced by knowledge of the study.

The monitoring collected sufficient data on 21 of those vehicles, and researchers began actively monitoring four drivers who agreed to participate in a more detailed study. Researchers monitored drivers for six weeks. They intervened when drivers engaged in dangerous driving. Employees received a score of their driving every week during the six weeks and were given detailed information regarding the specific incidents of their dangerous driving.

After the intervention, speeding dropped by 60% and sharp turns and hard braking dropped by 50%.

Importance of Holding Drivers Accountable 

Researchers say that their results confirm previous findings by the National Institute of Occupational Safety and Health, which found that coaching is an essential part of any driver monitoring system. According to Virginia Tech researcher Andrew Miller, “The monitoring systems themselves weren’t necessarily effective on their own, but with the inclusion of some sort of accountability, then you see the change in behavior.”

Improving safe driving is critically important for the oil and gas industry. Oil and gas workers die on the job at six times the national average, and motor vehicle accidents cause 40% of those fatalities. Part of this is because workers in this industry spend a significant amount of time driving. For example, the study showed that workers drove an average of 147.5 miles to each worksite — nearly three hours of driving every day.

How the Law Offices of Michael J. Gopin, PLLC, Can Help You

The research from Virginia Tech shows that monitoring and coaching can drastically reduce risky driving. This is promising information that could help make roads safer and reduce auto accidents in the future. Unfortunately, dangerous and deadly crashes still happen every day on Texas roads. If you have been injured in a car accident, you need to learn about your legal rights.

The Law Offices of Michael J. Gopin, PLLC, has been serving the El Paso community since 1987, and our attorneys are ready to help you with your case. Contact us now for your free consultation.

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People Should Wait to Drive After Suffering a Concussion, Study Shows

The effects of a concussion on driving may linger even after the symptoms of the injury disappear, according to a new study by researchers at the University of Georgia. The study indicates that concussed drivers place themselves and others in danger if they get behind the wheel too soon.

“People who have concussions often have slower reaction times as a result, and do more poorly on tests of thinking skills after their injury than their peers without concussions,” the University of Georgia’s Julianne D. Schmidt, Ph.D., reported. “Our study suggests that complicated driving skills, the kind involving split-second reaction times that could mean the difference between life and death, are the ones that may take the longest to regain after you have a concussion — even when all of your symptoms have resolved.”

A Study of Post-Concussion Drivers

The study group was made up of 28 college students averaging 20 years of age. Half of them had a concussion; the other half did not. They took a simulated driving test as well as a computer-based mental acuity test. These tests took place 48 hours after all concussion symptoms had disappeared (just over two weeks after the injuries had occurred).

Those with concussions were slower in responding by as little as 0.06 second and as much as 1 second. A delay of 0.06 second equates to a loss of three feet for stopping distance. Although this seems minimal, even a split-second delay could mean the difference between striking a pedestrian or a car ahead.

What You Need to Know About Driving After a Concussion

A concussion occurs when the brain is jostled inside the skull due to a blow to the head or body or a fall on a hard surface or object. The jostling can lead to damage and stretching of brain cells, causing chemical changes and temporary loss of normal brain function, especially as it relates to memory and orientation.

Researchers found that the skill level of the concussed participants was similar to driving after drinking. The drivers appeared to have less control of the vehicle, especially when navigating curves. They also swerved more in their lane.

A severe concussion can cause changes in behavior. While most symptoms go away in a few days, they can linger for weeks or even months. Every concussion should be taken seriously, especially if you’ve had one before. Don’t return to normal activity until cleared by a doctor. This includes driving.

Most Common Concussion Symptoms

A concussion may result in a loss of consciousness for a few seconds or a few minutes. You may feel dazed for days or weeks afterward. Symptoms that can occur include:

• Headache
• Dizziness
• Slurred speech
• Confusion
• Nausea
• Vomiting
• Delayed response to questions
• Fatigue

You may recover within a week or two but still have symptoms such as memory problems, headaches, and behavioral changes that may persist for weeks or even months, according to Brain & Life, the consumer journal of the American Academy of Neurology.

How the Law Offices of Michael J. Gopin Can Help You

Have you suffered a concussion in an accident that could have been prevented? At the Law Offices of Michael J. Gopin, PLLC, our personal injury attorneys have the skills, experience, and the resources to fight for justice for you. For more than 30 years, we have been working with accident victims to demand full compensation for serious injuries like concussions.

Call now for a free consultation on your case.

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