93.1 KISS FM – Ask A Lawyer, Part 6

00:00

You’re listening to Mike and Tricia morning on 93.1 kiss FM. Okay, so we’re back with Michael Govan with ask a lawyer. It’s our special once a month chit chat with Michael gobin. This is your way to get your legal question or your legal problem in front of Michael Gilpin and get an answer for it. Okay, so Mr. Govan, you know that a couple of years back there was an 18 Wheeler who just ran up the side of the of the freeway and set one of the one of the overpasses on fire. So that was a huge 18 Wheeler accident. And then, of course, earlier this week, when we had snow, there was the problem on it, they had to close it down to in order to clean up the mess. And so that was another pretty spectacular 18 Wheeler accident, but there’s been a lot of them, we do see a lot of it because it is such a huge traffic corridor for for 18 wheelers. So we have some questions, a couple of them come from from drivers themselves. So this first one comes from Adrian, and he said that he was driving down I 10. And he’s not sure that something can be done about this. But he said, you know, that rubber tire coating that comes off of 18 Wheeler tires, they’re all over the freeway, and he said that the bottom of his car is messed up and his alignment feels messed up, too. So is there anything he can do? And you know, is there any kind of recourse that he has after running over one of those huge pieces of rubber?

01:24

No, unfortunately, probably there is probably no recourse in that particular event. You know, you have no idea who, whose tire it was, which company, which trucking company caused this problem. So I think you’re kind of stuck in that situation. You know, if it’s major, cause major damage, you can certainly call your own insurance company and have them take care of it, you’ll have a deductible, of course. And then your rates, you know, may go up for, for using your coverage. But if it’s, you know, a lot of money that it may be worth it. But in terms of suing somebody, no, I think you’re not gonna be able to come up with a case to to sue the tire people.

02:07

So you couldn’t like maybe Sue text.or the city because they don’t keep that stuff off the freeway?

02:13

Well, then you’d also have to know how long it had been on the freeway. If they hadn’t noticed of the tires on the freeway debris, and lots of things that they they would have no, you know, ability to know, immediately. I mean, it could have happened within five minutes of the time that, that the tire was, you know, came apart a little bit. So, you know, they have a duty to keep the streets. You know, reasonable, but without knowing those type of information, it’s gonna be really, really difficult to, to, you know, hold them responsible.

02:50

Oh. Well, you know, his specialty, Yes, he does. So, I suspect that that is also the same and true of like, you know, when rocks come flying from like, these construction trucks and these other trucks that are taking little rocks here and there that they come and damage your windshield, I guess that would be kind of hard to prove.

03:15

Very hard to prove. Yeah, for sure. And, you know, be okay, a rock flew out of your back of your truck, and I’m holding you responsible is going to be difficult. I mean, if if there was some, you know, in that case, you may have a little bit better chance to try to, to make that argument. You know, if they didn’t secure the cabin, or perhaps, you know, it led to a, to a more catastrophic type of incident, maybe, you know, lots of debris came out of it. You see those cases once in a while, you know, debris comes out of it, truck or furniture falls out of a truck, and yeah, and it causes an accident causes injuries, then you can directly link the, the debris to to this particular accident in the case that we’re talking about, with just random, you know, tire debris, there’s no way to be able to ascertain where it came from and how long had been there.

04:09

Okay, so our second question about this comes from James, who is a truck driver, and he says that he’s scared he’s going to lose a CDL because he was involved in a minor accident involving another semi trailer. He says, Do you know if they can take my license from me? Is there anything I can do to fight this?

04:27

Well, they probably won’t take your license away. But your employers are very, very difficult and very, I guess. What’s the word I’m looking for? They’re just, they are very strict in terms of if you get into an accident or have an at fault event, they often do fire you or your job is in jeopardy. So it is a really big deal for for commercial drivers. I would talk to the police officer myself if I was him. Perhaps get a statement that, you know, maybe we don’t know that it was your fault, maybe it’s unclear something that would clear him in this type of event would be very beneficial. So I would talk to the officer that that did the report, and maybe get him to change his mind, show your side of the argument. And I’ve seen police officers definitely change their opinion and their reports. So it is possible, but that’s how I do to protect myself.

05:26

But then but then again, then there’s this go back to you know, Texas being a net will state and they can get rid of you. Yeah. I mean, it didn’t matter if the cop changes the story. I mean, if they want to get rid of you, they’re gonna get rid of you. Right?

05:39

That’s a fact for sure. So, I mean, if they want to fire you, they’re gonna fire you. But you know, in terms of having your record clean, and if they’re really, if really the I mean, some, some will just say if you’re in an accident, that’s it, regardless of fault. So it depends on how tough the employer is. But certainly, for future employment, if you could make the case that it wasn’t your fault and have some concrete evidence, it certainly will be beneficial to you in the future, going forward to present it to your future employer that, hey, this is what happened. It’s not my fault. I spoke to the officer, I got him to give a statement, and I’m cleared. And that would go a long way to show your future employer also if this one doesn’t work out.

06:22

Okay. And then the last question we’ve got is from Georgina, she said she got into an accident about a year ago with an 18 Wheeler, the driver was changing lanes into the far left lane and ran her into the wall. She said I didn’t collide with the trailer. But I feel like because he didn’t notice me he should be at fault. She says she has the trailer, the trailers license plate and the company company info, does she have a case?

06:45

Well, technically, she has a case. But in practical matters, I don’t think she does. Since there was no contact, you know, this particular driver would have no idea there was even an accident. So you’d have to make a case that you didn’t report for over a year two, anybody who didn’t report to the police, he didn’t report to the trucking company. So they’re going to be very leery, you know, of this accident or their involvement in it at all. So in a tactical manner, yeah, you would have a case to try to present and secure evidence that would help you. But without witnesses without an accident report without, you know, any contact with this insurance company or the trucking company for a year, it’s going to be very sketchy at best. And what if what if you had said something not long after? Would that change the scenario? Or is it the same thing? Because,

07:45

you know, the trucker had never even realized? Because, you know, I don’t think we realize sometimes that there’s a lot of these blind spots, right, you know, that 18 wheelers have, and we’re in them. And they don’t even know that we’re there a lot of the time, would that have been a case had been done almost immediately,

08:03

you would certainly have a better chance, you know, that they wouldn’t be so leery about, you know, the fact that you didn’t report it, and so forth. You just it’d be as kind of a what they call a swearing match kind of case where one driver says, This is what happened. And he ran me off the road. And even if he truly didn’t know, that doesn’t mean it wouldn’t be his fault, if he actually ran the guy off the road, because you can see how an 18 Wheeler, you know, could do that. So it depends on who the jury would believe what they believe the trucker who says, I don’t know what she’s talking about. I have no recollection. I didn’t get into an accident. Yes, I drove through El Paso, but I didn’t do anything out of the normal coasts, of course of how I drive. And the other driver who says, Well, this is what happened. He he he changed lanes, and I had to to take evasive action and so forth. And and so it’s really who the jury will believe and who comes off as a more reliable and credible witness.

09:02

Yeah. Okay. Well, I think we touched on a lot of things, a lot of interesting things. So if you want to submit your question for next month’s ask a lawyer, go to Kissel pastor.com click on the Ask a lawyer tab in the mystery bar or use the Submit audio feature on the free 93.1 kiss FM mobile app. Thank you so much, Michael gobin.

09:22

Thanks for having me.

09:23

All right. We’ll talk to you next month.

09:25

Okay, sounds good.

00:00

You’re listening to Mike and Tricia morning on 93.1 kiss FM. Okay, so we’re back with Michael Govan with ask a lawyer. It’s our special once a month chit chat with Michael gobin. This is your way to get your legal question or your legal problem in front of Michael Gilpin and get an answer for it. Okay, so Mr. Govan, you know that a couple of years back there was an 18 Wheeler who just ran up the side of the of the freeway and set one of the one of the overpasses on fire. So that was a huge 18 Wheeler accident. And then, of course, earlier this week, when we had snow, there was the problem on it, they had to close it down to in order to clean up the mess. And so that was another pretty spectacular 18 Wheeler accident, but there’s been a lot of them, we do see a lot of it because it is such a huge traffic corridor for for 18 wheelers. So we have some questions, a couple of them come from from drivers themselves. So this first one comes from Adrian, and he said that he was driving down I 10. And he’s not sure that something can be done about this. But he said, you know, that rubber tire coating that comes off of 18 Wheeler tires, they’re all over the freeway, and he said that the bottom of his car is messed up and his alignment feels messed up, too. So is there anything he can do? And you know, is there any kind of recourse that he has after running over one of those huge pieces of rubber?

01:24

No, unfortunately, probably there is probably no recourse in that particular event. You know, you have no idea who, whose tire it was, which company, which trucking company caused this problem. So I think you’re kind of stuck in that situation. You know, if it’s major, cause major damage, you can certainly call your own insurance company and have them take care of it, you’ll have a deductible, of course. And then your rates, you know, may go up for, for using your coverage. But if it’s, you know, a lot of money that it may be worth it. But in terms of suing somebody, no, I think you’re not gonna be able to come up with a case to to sue the tire people.

02:07

So you couldn’t like maybe Sue text.or the city because they don’t keep that stuff off the freeway?

02:13

Well, then you’d also have to know how long it had been on the freeway. If they hadn’t noticed of the tires on the freeway debris, and lots of things that they they would have no, you know, ability to know, immediately. I mean, it could have happened within five minutes of the time that, that the tire was, you know, came apart a little bit. So, you know, they have a duty to keep the streets. You know, reasonable, but without knowing those type of information, it’s gonna be really, really difficult to, to, you know, hold them responsible.

02:50

Oh. Well, you know, his specialty, Yes, he does. So, I suspect that that is also the same and true of like, you know, when rocks come flying from like, these construction trucks and these other trucks that are taking little rocks here and there that they come and damage your windshield, I guess that would be kind of hard to prove.

03:15

Very hard to prove. Yeah, for sure. And, you know, be okay, a rock flew out of your back of your truck, and I’m holding you responsible is going to be difficult. I mean, if if there was some, you know, in that case, you may have a little bit better chance to try to, to make that argument. You know, if they didn’t secure the cabin, or perhaps, you know, it led to a, to a more catastrophic type of incident, maybe, you know, lots of debris came out of it. You see those cases once in a while, you know, debris comes out of it, truck or furniture falls out of a truck, and yeah, and it causes an accident causes injuries, then you can directly link the, the debris to to this particular accident in the case that we’re talking about, with just random, you know, tire debris, there’s no way to be able to ascertain where it came from and how long had been there.

04:09

Okay, so our second question about this comes from James, who is a truck driver, and he says that he’s scared he’s going to lose a CDL because he was involved in a minor accident involving another semi trailer. He says, Do you know if they can take my license from me? Is there anything I can do to fight this?

04:27

Well, they probably won’t take your license away. But your employers are very, very difficult and very, I guess. What’s the word I’m looking for? They’re just, they are very strict in terms of if you get into an accident or have an at fault event, they often do fire you or your job is in jeopardy. So it is a really big deal for for commercial drivers. I would talk to the police officer myself if I was him. Perhaps get a statement that, you know, maybe we don’t know that it was your fault, maybe it’s unclear something that would clear him in this type of event would be very beneficial. So I would talk to the officer that that did the report, and maybe get him to change his mind, show your side of the argument. And I’ve seen police officers definitely change their opinion and their reports. So it is possible, but that’s how I do to protect myself.

05:26

But then but then again, then there’s this go back to you know, Texas being a net will state and they can get rid of you. Yeah. I mean, it didn’t matter if the cop changes the story. I mean, if they want to get rid of you, they’re gonna get rid of you. Right?

05:39

That’s a fact for sure. So, I mean, if they want to fire you, they’re gonna fire you. But you know, in terms of having your record clean, and if they’re really, if really the I mean, some, some will just say if you’re in an accident, that’s it, regardless of fault. So it depends on how tough the employer is. But certainly, for future employment, if you could make the case that it wasn’t your fault and have some concrete evidence, it certainly will be beneficial to you in the future, going forward to present it to your future employer that, hey, this is what happened. It’s not my fault. I spoke to the officer, I got him to give a statement, and I’m cleared. And that would go a long way to show your future employer also if this one doesn’t work out.

06:22

Okay. And then the last question we’ve got is from Georgina, she said she got into an accident about a year ago with an 18 Wheeler, the driver was changing lanes into the far left lane and ran her into the wall. She said I didn’t collide with the trailer. But I feel like because he didn’t notice me he should be at fault. She says she has the trailer, the trailers license plate and the company company info, does she have a case?

06:45

Well, technically, she has a case. But in practical matters, I don’t think she does. Since there was no contact, you know, this particular driver would have no idea there was even an accident. So you’d have to make a case that you didn’t report for over a year two, anybody who didn’t report to the police, he didn’t report to the trucking company. So they’re going to be very leery, you know, of this accident or their involvement in it at all. So in a tactical manner, yeah, you would have a case to try to present and secure evidence that would help you. But without witnesses without an accident report without, you know, any contact with this insurance company or the trucking company for a year, it’s going to be very sketchy at best. And what if what if you had said something not long after? Would that change the scenario? Or is it the same thing? Because,

07:45

you know, the trucker had never even realized? Because, you know, I don’t think we realize sometimes that there’s a lot of these blind spots, right, you know, that 18 wheelers have, and we’re in them. And they don’t even know that we’re there a lot of the time, would that have been a case had been done almost immediately,

08:03

you would certainly have a better chance, you know, that they wouldn’t be so leery about, you know, the fact that you didn’t report it, and so forth. You just it’d be as kind of a what they call a swearing match kind of case where one driver says, This is what happened. And he ran me off the road. And even if he truly didn’t know, that doesn’t mean it wouldn’t be his fault, if he actually ran the guy off the road, because you can see how an 18 Wheeler, you know, could do that. So it depends on who the jury would believe what they believe the trucker who says, I don’t know what she’s talking about. I have no recollection. I didn’t get into an accident. Yes, I drove through El Paso, but I didn’t do anything out of the normal coasts, of course of how I drive. And the other driver who says, Well, this is what happened. He he he changed lanes, and I had to to take evasive action and so forth. And and so it’s really who the jury will believe and who comes off as a more reliable and credible witness.

09:02

Yeah. Okay. Well, I think we touched on a lot of things, a lot of interesting things. So if you want to submit your question for next month’s ask a lawyer, go to Kissel pastor.com click on the Ask a lawyer tab in the mystery bar or use the Submit audio feature on the free 93.1 kiss FM mobile app. Thank you so much, Michael gobin.

09:22

Thanks for having me.

09:23

All right. We’ll talk to you next month.

09:25

Okay, sounds good.

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93.1 KISS FM – Ask A Lawyer, Part 5

00:00

Waking up

00:01

with Mike and Trisha on 93.1 kiss FM So Mike and Trisha mornings presents a once a month visit with special guests, Michael Gopin. You know him. You love him. You see his commercials on TV all the time. Hello, Mr. Michael Gopin.

Michael Gopin  00:17

Good morning. How are you guys?

00:19

Good, good. Okay, so I we’ve got a lot of questions today.

00:23

Yeah, we got a trucking accident question a lot of those for the second segment.

00:27

Yep. And then we also have some app questions that we want to ask you. So let’s jump right in. Because we I know that there’s going to be a lot of stuff we can talk about here. Okay, so

Michael Gopin  00:35

sounds good.

00:36

This is something that I think a lot of people, you know, have to go through. This is from Veronica and she submitted this via the kiss FM free mobile app. And she said my in laws are going through a messy divorce my sister in law’s keeping her young kids away from their father for over a month, he reached out to his lawyer who’s already filed for divorce and custody agreement. And his lawyer has reached out to her lawyer, but that lawyer says she has not responded that’s been going on for a week. And she wants to know, is there really nothing that can be done? Because he really just wants to see his kids again?

Michael Gopin  01:09

Well, the question here is, if there’s any temporary orders already established, if there’s an order by the court, setting out the custody agreement, that is legally enforceable. So the question is, is it too early in the process? And there’s no agreement yet. So then whoever really has possession of the kids is going to be the one in power? Or is there an agreement? Is there a court order already, if there’s an order, it can be enforced. So she would need to get her lawyer, who I know she’s been contacting, to set up a hearing, for contempt in the case, if there isn’t an agreement. And if they’re also in agreement, she could also take that agreement and call the police and tell the police that she’s not, you know, going by the agreement, and I want my, my kid.

02:03

And I think that what a lot of people think is that once the divorce papers have been filed, that like, all of a sudden, you had to follow the custody agreements and all that other stuff. But there’s a lot of there’s a lot of steps that go into play before, you know, there’s a custody agreement, there’s enforceable, you know, paperwork and things like that.

02:20

Exactly. Just the fact that you’re filing the divorce doesn’t necessarily, or doesn’t it all start the custody issues. So they have to be an agreed upon order by the court. There are standard orders, of course. But until those orders are in place, there are no legal rights other than you are the parent, and you can see the child. But if the other parent is in possession of them, you know, good luck. Yeah, a very difficult situation.

02:47

And then there’s also there’s also the 30 to 60 days for answers on certain paperwork.

02:53

And so that’s a lot of foot dragging

02:55

1. Yeah. And so you really can so the person, either the person who is, you know, filing the divorce, or the person who’s waiting around for the answers to come back, it could be 30 to 60 days sometimes.

03:08

Oh, no doubt about that. I mean, the best advice, if there’s no orders would be, you know, to try to have a civil conversation with your spouse, and then tell them it’s in the best interest of the kids that I get to see them all. So let’s work something out and be better parents and then duck,

03:27

because somebody’s going to throw something at you.

03:29

Yeah, you’re going to have to suck up a lot is what Mr. Copeland is saying. If, you know, if there’s nothing in place, and you’re the one who is being kept away from your child, you’re going to, you’re going to have to suck it up. And you have to swallow a lot of pride. Yep. Okay, so that brings us to another question. This is from the this is from the also via the app, but it’s to submit audio app. Right. Okay. So this is Isaac. And Isaac wants to know about a situation having to do with dental work done in what is here he is via the free 93.1 kiss FM mobile app.

04:04

My question is, I went to the dentist over in Mexico to get some work done on my teeth. Because it’s a lot cheaper, whether I use my insurance for that. And they accepted it. Ever since I got the check. I’ve been trying to pay them. But I’ve haven’t been able to get ahold of them due to the whole pandemic. He got ahold of me. One time. I told him I would I was in a I haven’t gotten the check at the time. And then the second time around, I was out of town. So he got a little mad. And now he says that he’s going to report me as fraud. I still have the check and I’ve been trying to pay him so what can I do?

04:45

Well, I would just, you know, tell them that you’re doing the best you can. You know, if you can try to figure out where to get that. Check cashed. That would be great. If there’s someone else that could take the money to the dentist in Mexico If you’re unable to go over there yourself, that would be a good idea. Otherwise, the dentist is just going to have to wait, there’s nothing that he can do to you in the United States. You know, legally, really. So yeah, I mean, he, I mean, it’s a different country. So he would have to file a lawsuit in Mexico for that, he’s not going to be able to come over here to, to try to enforce something that happened in a different country. You know, you can’t report you to the, you know, the credit bureau from Mexico debt. So I mean, you got lots of things that are working in your favor. But just try to be nice to the guy try to tell him that you’re doing everything you can to work it out. It may take a little longer than anticipated because of the pandemic, reached out to some of your friends who make go to Mexico, maybe they could drop a payment off at his office or something of that nature. But that would be my best recommendation for you.

05:50

Yeah. Because eventually, you know, teef, tifus. You know how they are? eventually it’s going to hurt again. Yeah, so you don’t want to be burning those bridges? or international bridges. Right, right. Okay, more in the US if you think it’s cheaper in waters, but so really, because it’s International, the dentist, all he really can do is threaten? Or can he do something and then the minute you cross over, and you get stopped or busted, or however things happen over there, then they can track you down or what?

06:21

Well, it’s not a crime to not pay a bill, it’s a civil matter. So they can’t throw you in jail for not paying the dental bill in Mexico. And you have to file a lawsuit over there and serve you and go through the legal process in Mexico. So I mean, he certainly can do that, you know, and you’d have to serve you it’s probably not worth his time and effort and money to do that. But he certainly is able to do it under the laws of Mexico. But in terms of the crime and being thrown in jail, it’s not a criminal act at all. So he doesn’t have to worry about that.

06:58

All right, but it sounds like you know, like Isaac really does want to pay his debt because he hasn’t, like spent the check on anything else.

07:04

Right, exactly. So I would reach out to the doctor, be really nice and apologetic. Tell them the situation and tell him that, you know, you will pay him it’s just it’s just taken longer than anticipated.

07:17

Okay. All right. So we’ll be right back. The next segment, we’re going to talk about trucking accidents. You know, here in El Paso, you see them all over. I tend all the time. Sometimes you jump in front of them. Sometimes they jump in front of you, but stuff happens and So up next on kiss I’ll pass Oh, and my contrition mornings. We are going to discuss some questions that have come in having to do with trucking accidents with Michael Copeland asked a lawyer continues next on 93.1 kiss FM

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93.1 KISS FM – Ask A Lawyer, Part 4

 

Man: And now “Mike and Tricia Mornings” on 93.1 KISS FM.

Tricia: We’re back with “Ask A Lawyer,” our new monthly segment on “Mike and Tricia Mornings” with Michael Gopin. So, so far we’ve covered things like, should you follow school zone signs? Yes, you should is the answer. Does your employer have to provide things for COVID safety? Well, yes to a certain extent, but, you know, it’s probably best if they’re not to go ahead and ask them. We’ve also covered things about hernia mesh cases, and you can find more details about that in an article on kisselpaso.com. So we’ve got a couple of more questions or last couple of questions from our free 93.1 KISS FM mobile app. And Mr. Gopin, Michael in Central asks, how can I file a quick claim against a landscaper who never showed up for the job after I hired and paid him? Oh, so much to unpack here.

Michael: I tell you, sorry about that situation. What I would recommend is that you could file a claim in JP court, your local JP court. You’d have to go down to the court and file an actual lawsuit against the person, the landscaper who never showed up. The issue here is you’re gonna have to serve him with these papers. So you’re gonna have to know where his location is, and you’re gonna have to get him served by a service processor and take your case to court. These cases in JP court go a lot quicker than your typical district court. But again, there’s no guarantee that they’re gonna be able to pay the money after you win your case. And you may have a piece of paper saying that you won and it’s basically worthless. So those are the downsides of filing a case against this person if they don’t have the money or resources to pay you back. Hopefully, you could get an agreement with this guy to actually do the work or refund your money on its own, but that’s what you’d have to do is file a claim in JP court.

Tricia: Well, I think the most important thing is yeah, like, don’t pay everything upfront.

Mike: Oh boy, yes.

Michael: Well, that’s a definite good rule to follow because, you know, there’s no incentive after they’ve been paid in full to get the work done. So, you know, just pay a small deposit down after they start working the first day and let them be paid accordingly.

Mike: But like let’s say that you do get a judgment in your favor, like, there’s nothing, like, mechanic liens to those kinds of things? Like anytime they try to either sell their business or anytime, you know, that they’ve done a few jobs and might have some money, you don’t have any recourse like that?

Michael: No, you wouldn’t have recourse like that. In Texas, your wages are your wages, they can’t garnish your wages. Your home state is protected, your car is protected and there’s things in your house that’s protected. So there’s a lot of rules to protect the person who…the little guy in Texas. So there’s pros and cons about that, but it certainly helps them in these types of cases. So, you know, a lot of people in Texas are what they call judgment proof which means that no matter what kind of judgment you have against them, you’re not gonna be able to collect it. That’s the downside. Other states are different, but that’s how Texas works.

Tricia: Okay. And then the last question we have is from his Jesus in East El Paso, and he wants to know do traffic warrants keep you from getting your car registration renewed?

Michael: No, a traffic ticket do not do that. They don’t permit you from getting registration renewed. However, a police officer can stop you for something else and arrest you on the way to pay your registration, so it’s really a good idea to take care of those warrants before you do get in trouble. But just by the act of going to and paying your registration you’re not gonna have an issue there, but you’re always at risk to be arrested as long as you have that warrant out there. So it’s definitely a good idea to get that taken care of.

Interviewer: Okay. And that’s our last question.

Michael: That’s the questions of the day, huh?

Mike: Okay. Well, you know what? I think we’re gonna have you on twice in January, Mr. Gopin, are you ready for that?

Michael: I’m ready.

Mike: I mean, you know, twice the lovin’.

Michael: Exactly.

Mike: That’s good, right? That’s a good tag.

Michael: It’s very good.

Mike: Okay. All right. Well, if you’d like to ask a question and ask a lawyer, specifically Mr. Gopin, two ways to go about it, you can use the submit audio feature on your free 93.1 KISS FM mobile app, or go to Mike and Tricia Facebook, and you see that little blues thing there that says send message, you can send us a message that way. “Ask A Lawyer” with Michael Gopin. And Mr. Gopin, if somebody has…maybe would like to seek an opinion from you, how can they get ahold of you?

Michael: They can get ahold of us by calling our office at 915-532-1111, or email us at info@michaelgopin.com.

Mike: Thank you, Mr. Gopin, “Ask A Lawyer.”

Michael: Thanks, guys.
Tricia: Thank you, Mr. Gopin.

Mike: “Mike and Tricia Mornings” on 93.1 KISS FM.

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93.1 KISS FM – Ask A Lawyer, Part 3

 

Man 1: You’re listening to Mike and Tricia, 93.1 KISS FM.

Mike: Here we go. It’s time for our new monthly feature, Ask a Lawyer, with Michael Gopin, who joins us remotely this morning, as does Tricia. Good morning, Mr. Gopin.

Mr. Gopin: Good morning. How are you today?

Mike: Well, I’m okay, but Tricia’s in a bit of pain after taking a fall the other day. That’s why she’s broadcasting from home.

Tricia: Yeah.

Mr. Gopin: Oh, no, what happened?

Tricia: Well, unfortunately, I stepped off a curb at work, and I…next thing you know, I’m on the ground in the parking lot. Turns out I tore two ligaments in my ankle. And the worse part is that I can’t even sue anybody because it was all my fault.

Mr. Gopin: It’s not necessarily all your fault, but you do have some worker’s comp protections that…

Mike: Oh, hey.

Mr. Gopin: I don’t know if I wanna get you in trouble with the station here or anything, you know.

Tricia: Hey, nice.

Mike: Uh-oh, uh-oh.

Tricia: Good to know. I think we’re gonna need to talk off the air.

Mr. Gopin: Okay, sounds good.

Mike: But, Tricia, here’s the problem, though.

Tricia: What?

Mike: You are scheduled to be on vacation for the next two weeks anyway, so, I mean, you know, that kinda throws a wrench in that plan, I think.

Tricia: Oh, man.

Mike: Yes, yes, I know, especially since you’re home because we’re trying to prevent you from having to get surgery. So, you know…

Tricia: But that’s true, that’s true.

Mr. Gopin: [crosstalk 00:01:21]

Mike: …if that works out, I mean…

Tricia: Oh, man.

Mike: Well.

Tricia: Okay, well, maybe we’ll still talk to Mr. Gopin off the air.

Mike: However, he is available for a free consultation.

Mr. Gopin: Exactly.

Tricia: That’s right.

Mr. Gopin: Well, I hope you feel better.

Tricia: Thank you.

Mike: So do I, man, because this talking to basically a wall is really weird for me, and you know it’s all about me.

Tricia: I know, I know it is.

Mike: Okay, okay, but right now it’s all about Gopin because Michael Gopin is happening, ladies and gentlemen, so it’s Ask a Lawyer time.

Tricia: Okay, so we’ve got some questions from the app. And one of the first ones we got was Liz in East El Paso, who asks, “I work for a local company. Do they have to enforce COVID safety rules if I don’t feel comfortable as an employee?” So I guess she’s saying, “Look, I’m not digging the things that they’re doing. Is it required for them to enforce the COVID safety rules?”

Mr. Gopin: Well, there’s no uniform COVID safety rules to start with, so it’s really discretionary in terms of what the employer’s gonna do. But the employer must provide you a safe place to work. That’s the first thing they have to do. So they have to give you a safe place to work and to do so, they need to make sure that they have some protocols with regards to the COVID. You know, they need to be social distancing. They need to be…you know, have face masks and have sanitary conditions in terms of being able to wash your hands and things like that.

So I would recommend, you know, if it’s…if they’re not doing anything, I would get, you know, some of the other employees together and then bring it to management. I think if you do it in a group, you’ll have a lot more power behind you than if you do it by yourself. So if you’re not feeling comfortable and everyone else is not feeling comfortable, then I think it’s a good idea to take it to management and talk to them about it and see what you could do to ensure your safety. There’s no guarantees, of course, that an employer can guarantee your safety from COVID, but there are certain measures they can do, and I think that’s what’s important.

Mike: But let me ask you this, like in the State of Texas, though, doesn’t it usually favor employers?

Mr. Gopin: Typically, it favors employers, but this type of…this law is so brand new, I mean that’s more in terms of being terminated and so forth, when it’s definitely in favor of the employer. But in this type of situation with the laws, you know, not even really existing until a few months ago, and then there’s no real particular laws with regards to what employers do, these are just what seems to be reasonable, you know, what a reasonable employer would do in these situations. So, you have to go back and, you know, some employers let you work from home, others don’t let you work from home. Just the fact that you have to go into the office isn’t something that you could sue an employer for. They don’t have to allow you to work at home, but, you know, some do. So they just have to follow protocol to keep the workplace safe, and that’s the bottom line.

Tricia: Okay, second question we got from the app is Mary in West El Paso, who says, “Do you still have to abide by school zones right now?” Okay, so, here’s the question I have, not all school zones have blinking lights on them. Some of them are just static, you know, signs, and they don’t say, “Monday through Friday, only during school,” you know, all that stuff like that. It’s pretty much just, you know, the hours of operation of that school zone. So that’s a question I would ask too.

Mr. Gopin: And the answer is, “Yes, you still need to abide by those rules.” Some schools have administration people that are there. They may have some students there also that have special needs. So you don’t know what’s going on in that particular school. So the best advice is to definitely follow the sign and follow the rules, then there won’t be any problem.

You don’t know what a police officer’s gonna do if he sees you speeding through a school zone. The sign is a sign. I would take it as the letter of the law and abide by that rule.

Tricia: Okay, so a couple of years ago, I actually emailed the police department, and I asked the same question and the PIO, the public information officer, told me exactly what you just said. It’s pretty much up to the discretion of the officer…

Mr. Gopin: Correct, correct.

Tricia: …yeah, if there’s no light flashing. And I was like, “So even like Sunday or during the summer?” And he said the same thing. He was like, “Yeah, because you don’t know what’s going on.”

Mr. Gopin: Correct.

Tricia: And the officer could come back and say, “Well, it’s because they have some, you know, event going on or what have you.” So, yeah, I guess what you said, “Just follow those school zone signs.”

Mike: So it’s probably not best to when the police officer walks up to your window to say, “Oh, what? The donut shop was closed?”

Tricia: Oh, dude.

Mike: Right? Because…

Mr. Gopin: That may make him remember you when he goes to court.

Mike: Right? Because it’s at their discretion, that might, you know, tip it over to the side of giving you a citation.

Mr. Gopin: [crosstalk 00:06:31]

Tricia: Right, exactly.

Mr. Gopin: Yeah, I would definitely be very kind and nice to the police officer before he writes that ticket.

Mike: Okay. Before, but afterwards what have you got to lose, right?

Mr. Gopin, Yeah, well, you don’t wanna get arrested either, you know.

Tricia: That’s right, that’s right.

Mike: Okay.

Tricia: Wait till he’s out of earshot.

Mr. Gopin: That’s right. That’s the best advice.

Mike: Okay, so let’s take a break. We’ll be right back. It’s Ask a Lawyer with Michael Gopin and Mike and Tricia Mornings, 93.1 KISS FM.

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Man 1: You’re listening to Mike and Tricia, 93.1 KISS FM.

Mike: It’s our new monthly feature on Mike and Tricia Morning’s Ask a Lawyer with Michael Gopin. You can get more details on kisselpaso.com. If there’s a question you need to ask, would like to ask, would like to get some advice from Mr. Gopin on, you can use the submit audio feature on your free KISS FM mobile app. Or, you can direct message us via the KISS El Paso Facebook.

Michael Gopin and Tricia.

Tricia: Okay, Mr. Gopin, so we hear a lot about this hernia mesh thing. And, I’m not really sure I understand what the problem is with it?

Mr. Gopin: Okay, well, what it is is when you have surgery to repair a hernia, often they use a design called hernia mesh. And there have been several problems with the hernia meshes. They have a defective design, which is a manufacturing defect. And they failed to warn the patients and the medical community about these risks when they had these surgeries. And people are having major complications and major pain because of the hernia mesh and the problems that have come about because of it. They’ve had to have multiple surgeries. They’ve had pain, nausea, vomiting, abdominal issues. They have had sexual dysfunction. There’s lots and lots and lots of problems that have occurred because of the hernia mesh issue.

Tricia: Okay, so we did a couple of questions online about hernia mesh surgery. So James asks, “How long after you had your hernia mesh surgery? Can you file a claim?”

Mr. Gopin: Well, typically, for a personal injury-type case, it’s two years after it happened, but with hernia mesh, it’s a little different. It’s when you have knowledge of the issue and the problem. So if that was a couple years or so after you had surgery, you learned about the issue and problem with hernia mesh. That’s when the statute of limitation runs. So it’s typically, you know, at least 10 years is what we typically see we can go back but as a case-by-case basis. But it’s when you learn of the…have knowledge of the defect and the issue that’s causing your problem with regards to hernia mesh. And there’s tens and tens of thousands of cases across the country where this improper design has caused people major issues and injuries and lots of litigation involving it.

Tricia: Okay.

Mike: Let me ask this on that. Is this hernia mesh, is it the same, or is this something totally different with hysterectomies?

Mr. Gopin: No, it’s totally different.

Mike: That’s a whole different thing, that’s a whole different mesh kind of thing?

Mr. Gopin: Yes.

Tricia: Okay, okay. Well, apparently, not everybody has symptoms or problems with it because Monica also wrote us, and she said, “I have hernia mesh implanted, but no complications. Do I have a case?” And if not, what symptoms would she have to have to…to have to experience rather, to file a case?

Mr. Gopin: Well, fortunately, for her, she wouldn’t have a case because she has no issues or problems with the hernia mesh, and a lot of people don’t. But if she would develop abdominal pain, vomiting, nausea, fever, those type of issues, it may be from the hernia mesh. She would have to go back to her doctor. The requirements that we have used in terms of accepting these type of cases if they need to do a second surgery, a revision of the hernia. So that’s our criteria in order to accept these cases. So, hopefully, she will not have that problem, and she will maintain her health and won’t have any issue with the mesh. So let’s knock on wood for her.

Tricia: Yeah, absolutely.

Mike: Mr. Gopin, typically, what is the issue with hernia meshes? Like, are they put in wrong? Is it just bad quality mesh?

Mr. Gopin: Yeah, it’s not the doctor’s issue. It’s a design flaw with the hernia mesh. And there’s many, many different mesh companies, and some of them had this defective flaw. And there’s been, you know, so many cases across the country with people who’ve had this problem. You know, people have had long-lasting permanent issues with pain in the abdomen. And sometimes the hernia mesh actually moves, and it can constrict your bowels, and it can also, you know, infect your liver. And there’s all sorts of, you know, life-threatening issues here. So it’s a real serious issue if you have these type of complications. And I would recommend you immediately go to your doctor to find out what’s going on because you can’t take these lightly if you’re having those issues.

Tricia: Yes.

Mike: And I recommend if you’re having any issues, that you get a free consultation from Mr. Gopin.

Tricia: Right, exactly.

Mike: We’ll be right back with more Ask a Lawyer, a couple of more questions with Michael Gopin on 93.1 KISS FM.

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Truck Accident Statistics

Truck accidents are all too common in Texas and throughout the country, as semi-truck statistics readily demonstrate. If you were injured in a truck accident in El Paso or elsewhere in Texas that was not your fault, you could be entitled to financial compensation.

The Numbers Tell a Story

You may be surprised to learn how many semi truck accidents per year happen on U.S. and Texas roadways. Here is what the numbers tell us:

• 4,862 large trucks were involved in deadly crashes nationwide during a recent year, a 51% jump since 2009, according to the National Safety Council (NSC).
• 112,000 trucks were involved in accidents during a recent year that resulted in an injury, a 5% surge from 2017, according to the NSC.

National Semi Truck Statistics

Nearly 5,000 people die in large-truck accidents each year, according to the National Highway Traffic Safety Administration (NHTSA). During a recent year:

• 71% of fatalities in large-truck crashes were occupants of other vehicles like cars or SUVs
• 18% were truck drivers or truck occupants
• The remaining 11% were non-occupants, such as cyclists and pedestrians

Texas Semi Truck Statistics

According to the Texas Department of Transportation (TxDOT), fatal crashes in Texas in a recent year involved:

• 140 trucks
• 452 truck-tractors/semi-trailers
• 3 fire trucks
• 19 buses
• 2 school buses

TxDOT reports that suspected serious injury crashes in Texas the same year involved:

• 535 trucks
• 844 truck-tractors/semi-trailers
• 11 fire trucks
• 57 buses
• 31 school buses

Common Reasons for a Truck Wreck

Truck accidents are typically the result of negligence on the part of the truck driver, trucking company, cargo loaders, or another party. It’s not uncommon for multiple parties to be held liable in a truck accident. Some of the most common causes of truck accidents in Texas include:

• Driver fatigue
• Drunk or drugged driving
• Reckless driving
• Distracted driving
• Speeding
• Improper cargo loading
• Poor road conditions
• Defective truck parts
• Unfamiliarity with route and roads

Why Truck Accidents Are So Dangerous

While truck accidents are far less common than car accidents (roughly 500,000 vs. 6 million annually), truck accidents are usually much more devastating. This is due to several factors, including:

• Trucks are heavier. They can weigh up to 80,000 pounds. Cars weigh an average of 4,000 pounds.
• It takes longer to stop a truck. Traveling at 55 mph, an average truck takes 512 feet to come to a complete stop. This may not be soon enough to avoid a deadly collision.
• Collisions may occur at higher speeds. About one-third of fatal truck crashes occurred on interstates and freeways.
• Head-on collisions are more likely with trucks, according to the Federal Motor Carrier Safety Administration.

Consult a Texas Truck Accident Attorney

Call the Law Offices of Michael J. Gopin, PLLC for a free, no-obligation consultation.

Sources:

https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812891#:~:text=In%202018%20there%20were%204%2C951%20people%20killed%20and%20an%20estimated,reported%20traffic%20crashes%20during%202018.

https://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2019/28.pdf

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/safety/data-and-statistics/461861/ltcbf-2017-final-5-6-2019.pdf

https://www.thetruckersreport.com/facts-about-trucks/

https://www.fmcsa.dot.gov/ourroads/long-stopping-distances

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Top 5 Safety Tips for Experienced Drivers in El Paso

When you’ve been a licensed driver for many years, it’s easy to get a bit too comfortable behind the wheel. While you probably paid close attention to the rules of the road as a newly licensed teenager, many experienced drivers become less meticulous as they get older.

Driving is an inherently risky activity, though. Even the most experienced drivers need to remain vigilant. Here are five essential safety tips to help you protect yourself and other El Paso drivers on the road:

1. You may be good at multitasking, but minimize distractions behind the wheel.

For many drivers, cellphone use is a constant temptation. Our phones follow us everywhere, and a quick peek at your notifications in the car can feel innocent, especially if you’ve done it a thousand times before. However, the fact that you haven’t caused an accident while using your phone while driving doesn’t mean you’re acting safely. It means you’ve been lucky.

Even a split-second glance away from the road increases your risk of a crash, whether it’s to reply to a text, check an email notification, or change the GPS. When you’re in the car, it’s best to minimize distractions by putting your phone away.

2. Always wear a seatbelt ─ even on short trips.

Seatbelt use is among the most effective ways to decrease your chances of severe or fatal injury in the event of a crash, according to the Centers for Disease Control (CDC). It may not seem like a big deal to forego your seat belt for a quick trip through the neighborhood, but low-speed collisions can happen anywhere and have just as much potential to cause long-lasting damage as any other crash. Wherever you drive, make sure you buckle up first.

3. Steer clear of intoxicating substances, including over-the-counter medications.

Everyone knows that drunk driving is dangerous. Alcohol impairs your reaction time, reasoning ability, and hand-eye coordination, all of which are critical capabilities for driving. Plenty of other substances can also affect driving ability, though. Certain over-the-counter or prescription drugs may have side effects that leave drivers impaired. So read the labels and know how medication affects you before you get behind the wheel.

4. Leave the lead foot at home.

Remember when you first started driving and were so cautious you could barely keep up with the flow of traffic? Now you may find yourself frustrated with traffic slowdowns and end up speeding through town to cut down on travel time. However, higher-speed collisions can cause significantly more destruction, making this a risky move. Arriving at your destination safely is far more critical than getting there quickly.

5. Don’t let those early mornings get to you ─ stay alert to stay safe.

Driving while fatigued may seem like an inevitability of your morning commute. But if you’re too drowsy to think or react safely, you shouldn’t be driving. The CDC says that sleep-deprived driving can be just as dangerous as drunk driving, and many people are not good at recognizing when they’re fatigued. It’s important to get plenty of rest and check-in with yourself regularly to ensure you feel alert any time you plan to get behind the wheel.

The personal injury attorneys at the Law Offices of Michael J. Gopin, PLLC, want to make El Paso a safe place for motorists. We have been serving accident victims throughout Texas for more than 30 years. If you need legal advice after a crash, we invite you to contact us for a free consultation.

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