White, McCann & Stewart, PLLCWhite, McCann & Stewart, PLLC2025-03-31T11:47:05Zhttps://www.winchester-law.com/feed/atom/WordPress/wp-content/uploads/sites/1101579/2019/01/cropped-site_id2-32x32.pngOn Behalf of White, McCann & Stewart, PLLC<![CDATA[What to do when pulled over by police]]>https://www.winchester-law.com/?p=487222019-09-05T15:51:30Z2019-09-04T15:00:42Zpulled over by police. Keeping these rights in mind could keep a run-in with law enforcement from spiraling out of control.
Set the right tone
It is best to immediately and safely pull over as soon as possible. Drivers should cut the engine off and have their license and proof of insurance ready for the officer when she or he arrives at the window.
Remain silent
Drivers who know they have done nothing wrong may feel tempted to have a conversation with the officer. All drivers, no matter if they are under arrest, can exercise their right to remain silent. Other than answering identifying questions, it is a good idea to say nothing to the police.
Record the interactions
While more police officers have body cameras to record interactions with civilians, civilians should still record the officer’s actions with their phones. Doing so is legal. That said, drivers should mount phones or have them out of their hands while filming or otherwise recording police interactions. This better ensures filming does not become an interference, which can lead to trouble.
Refuse a search
Officers do not have the right to search a person’s vehicle without her or his express permission or a warrant. Alternatively, police can search a vehicle without permission if they spot something illegal out in the open.]]>On Behalf of White, McCann & Stewart, PLLC<![CDATA[Starting a personal injury claim for a motor vehicle crash]]>https://www.winchester-law.com/?p=487212019-04-16T16:24:37Z2019-04-16T15:54:48ZGet medical care
The first thing the injured should do is seek medical care. Whether it is calling 911 and taking an ambulance to the emergency room or going to see a doctor for ongoing symptoms of head trauma or back soreness, it is best to document these injuries as soon as possible. If you have a regular physician, then be sure and follow up to any emergency care by visiting your regular doctor and following his or her advice.
Gather information
Victims may need the help of friends or family to do this, but it is key to gather as much information as possible as soon as possible. This includes:
Take pictures of the scene and damage as well as your own injuries
Write down contact information of the other driver
Write down what witnesses or anyone else involved say
Get the name and badge number of the responding officer and request a copy of the police report if there is one
Keep in mind that the potential suit may be against the municipality or government agency responsible for the maintenance of the roads or a manufacturer of the vehicle or another third party who causes a hazard rather than the other driver. It is also advisable to not give or sign any statements without first consulting with a knowledgeable personal injury attorney.
Discuss your case with a qualified attorney
Just as injuries should be treated as soon as possible, it is also recommended that those planning legal action should also begin the process in a timely fashion to avoid the loss of evidence or the failing to take action in the court system within the time allowed by law. An attorney can help start this process.
It begins with an initial consultation, which is a meeting where the potential client and the attorney sit down and discuss the details of the case. It is crucial to be honest and understand that the attorney may ask difficult questions. It is in your best interests to answer them as truthfully as possible, although it is understandable that traumatic events like crashes can seem like a blur. The lawyer will ask about insurance coverage and what was said to the insurance adjuster.
Once the client chooses the attorney and the attorney accepts, the attorney and their team will discuss strategies, potential issues and other details of the case. While most cases are settled before going to trial, a thorough attorney prepares each case as if they plan to present it before a judge. Finally, it also important to remember that if the attorney accepts the case attorney fees come out of the settlement, so there are no out of pocket attorney fees to the victims.]]>