« 1 ... 20 21 22 23 24 25 26 27 28 29 30 31 »

Author Archives: Attorney Bret

blog_banner_img_2

We Sue Drunk Drivers And Make Their Insurance Company Pay!

We Sue Drunk Drivers And Make Their Insurance Company Pay!

by Bret Schnitzer

We have sued drunk drivers many times. The terrible truth about drunk drivers is that often times their insurance companies “admit liability” immediately before trial to allow them to prohibit the Jury from learning they were drunk. Think about how unfair that is. The insurance company fights liability  throughout the entire litigation, and makes the victim  and their attorney hire experts and take depositions to establish that the drunk driver was in fact drunk. This can require the attorney to invest considerable time and money deposing everyone who processed any testing to establish the chain of custody of the testing. The Michigan rules of evidence of established strict guidelines to the admission of testing results to ensure that were not tainted and/or testing equipment properly calibrated or sterilized. If it was a PBT test then the Police officer also needs to be deposed and brought in to testify.

In some cases, an expert witness needs to be retained to establish the effects that the blood alcohol percentage or drugs testing percentage had on the driver to cause the accident. All these procedures cost both time and money and allow the insurance company to fight liability at every turn. Their attorneys may spend hours examining and cross examining the witnesses as the insurance company tries to find some technical flaw that they can use to exclude the alcohol results. Some insurance companies simply sit back and wait to see if the injured parties  attorney does everything they need to do to prove their client was drunk. If the injured parties attorney is not highly experienced sometimes they fail to do what is necessary to prove the drunk drivers liability. If proper witnesses are not retained or timely listed , witness lists are not filed timely, discovery is not done properly, the insurance company may get an opening to defend the case on liability even under extreme circumstances of a highly intoxicated drunk driver.

The insurance company is generally very happy to take advantage of an attorney who is not properly prepared, too busy or not experienced enough to deal with the drunk driving accident. On the first day of trial the insurance company generally files an “admission of liability” once they are convinced that the injury attorney has or will be able to establish the defendant was drunk. If the inexperienced / unprepared lawyer did not file witness lists in a timely manner or hire experts, or subpoena witnesses properly it may be too late and the drunk driver wins. Even when the highly experienced attorney “jumps through all the hoops” the insurance company may wait until the first day of trial admits liability and  file’s a “motion in limine” arguing  to the Judge that since they have “now” admitted fault there is no legitimate reason that the jury should know that their client was “drunk” because they have “now” admitted they were at fault for the accident. That sounds pretty unfair doesn’t it, yet many Courts will agree that once the defendant “admits liability” the fact that the defendant was “drunk” is not coming in as evidence.

The SchnitzerLaw Attorneys have, however, established a novel and proven method to prevent the insurance company to pull this stunt under many more circumstances. Many lawyers, even those who are experienced injury attorneys do not know or understand this method of preventing the insurance company from admitting liability and thus hiding the fact the defendant was drunk from the jury. The implimentation of this novel method It takes place at the beginning of the case not the end. That makes it extra important to hire the Schnitzer Law Attorneys now If you are hurt by a drunk driver we will certainly implement this  procedure which makes it more difficult for the insurance company to a hide the fact that the drunk driver was drunk from the jury. Call us for a free consultation at (313) 389-2234.

blog_banner_img_2

The Police Report Is Wrong Or Inacurrate, What Should I Do Now?

The Police Report Is Wrong Or Inaccurate, What Should I Do Now?

By Bret Schnitzer

Many times auto accident victims get the police report and it is wrong. Either the facts are wrong, or information taken down is wrong. This creates a lot of concern by injury victims whether an inaccurate police report will adversely affect their auto/motorcycle case?

UD-10 reports commonly are referred to as police reports. Often times, these UD-10 reports are made by police officers who do not actually witness the collision. As a result the UD-10 is not always accurate. For this reason Michigan has a statute which prohibits the admission of the UD-10 in the civil automoblie accident case. The hazardous action number assigned by the police is generally not admissable in a civil case where the officer did not see the accident. Having said that, there are statements and information contained in the UD-10 that can be used if properly introduced through the officer or witnesses at trial in a civil case For example, if a party admits that they were at fault in the accident, then that admission can be used against them Excited utterances at the scene by parties can in some circumstances be introduced. Observations by the police officer are generally admissible.

In traffic fatalities the Police often do an accident reconstruction. This is where they bring in officers who are qualified through training and experience to reconstruct accidents. Often they take photographs, do measurements, look at vehicle damage, look at vehicle positions, look at skid marks, scrapes and gouges in the roadway, and other evidence, do scientific testing and try to reconstruct an accident. These accident reconstructionists if properly qualified can render testimony as to fault based upon their reconstruction of the accident.

If you need more information on this topic you can click on our blue link and message our firm for a free consultation or call us for a free consultation at (313) 389-2234

blog_banner_img

I live Downriver, How Do I Report My Automobile Accident?

Downriver Police Departments

by Bret Schnitzer

Call immediately after an accident for your free consultation. Our telephone number is (313) 389-2234

Call  911 For an Emergency or call the Downriver Police Report directly:

Rockwood Police Department (734) 379-5323

Allen Park Police Department (313) 386-7800

Brownstown Township Police Department (734) 675-1300

Ecorse Police Department (313) 381-0900

Flat Rock Police Department (734) 782-2496

Gibraltar Police Department (734) 676-1022

Grosse Ile Police Department (734) 676-7100

Huron Charter Township/Brownstown Police Department (734) 675-1300

Lincoln Park Police Department (313) 381-1800

Melvindale Police Department (313) 429-1040

City of River Rouge Police Department (313) 842-8700

Southgate Police Department (734) 258-3060

Taylor Police Department (734) 287-6611

Trenton Police Department (734) 676-3737

Woodhaven Police Department (734) 676-7337

Wyandotte Police Department (734) 324-4405

Pages: Prev 1 2 3 ... 21 22 23 24 25 26 27 28 29 30 31 Next