Monday, July 9, 2012

Lawyers that don't even bother to personalize the template

I just want to show the way this game is played. You see ads on TV and in the paper about "Compassionate lawyers" that are eager to help you to get "what you deserve". You hear how successful they are. And now it happens to you! A truck changed lanes on a slushy road and couldn't spot you on time, so the wheel screws scratch your door and before the truck can stop, hits your mirror on your side. There is not much property damage, but it's a truck accident! You call the police, they call the ambulance and the MTO (Ministry of Transportation). The ambulance leaves after a while, no personal injury was detected. The MTO sees no problems with the truck, everything was in order. The police takes notes for their accident report. It is very rare to see that neither the police nor the MTO issues any fines to the driver or his company. Why? Because it was a true accident and nobody could have been blamed. No major damage was done either.
So here is an example of the lawyers' website:



When the Trucker shows the pictures that he took on the site and tells about it, the Safety Manager is surprised that there was no violation or points taken away from the driver. The driver's records stay spotlessly clear and life goes on.
Not for you, of course. You dig and search and finally find those "compassionate" lawyers that would take your side. Well, it seems clear that nobody would make money on property damage, it was only a scratch. Let's sue them for personal injury!Heck, nobody knows if you had prior problems or you can just fake it! From the pictures, the police and the MTO report there was no mention of possible personal injury but who knows what a scratch can do for you!
See the following claim. How much they are suing and how they neglect to attach any other reports of the accident.

 Now, of course your lawyer will claim that you minded your own business and ensured that all safety measures were taken.
And now the driver!
Please look through carefully the next two pages because they don't even bother to personalize their claim, they go A to R (That is 19) and list all the possible ways the driver could have gone wrong. Did he? Who cares. It's better than a lottery. Something must be a full hit.


I love r) any or all of the foregoing. 
a) proper lookout  Maybe Have you ever travelled on a truck and tried to see what the driver sees? It absolutely terrified me. When I travel separately in my car following his truck, I have to go to the driver's side to wave to him because he couldn't see me properly on the right side. Always beware of the truck's right side!
b) excessive speed No. He couldn't have stopped right away and the police would have detected that. Fine would have been issued.
c) failed to yield Maybe. If he didn't see the car, he couldn't have. 
d) other users? Are we repeating ourselves?
e) speed he couldn't control the vehicle  Really? If that happened, the rest of the truck would have dragged the car like a matchbox.
f) failed to apply break on time Really? You feel you touched something and just go on? Again, the driver stopped next to the car. 
g) repeating again. Has the lawyer ever seen a truck?
h) warning? signal and honk? or maybe turn all his lights on?
i) Traffic signals? No comment.
j) How about some more repitition
k) fail in care and skills - Insults
m) unexpected, without warning. Hmm. 
n) vehicle in proper condition. The truck is still running after 2 and a half years. The company takes care of it, MTO inspects it regularly. Who is Mr Lawyer to coem up with these allegations?
o) consumption of alcohol or drugs? He drink less than a bottle of beer a month. On celebrations and then I drive. Drugs? Never seen them, don't even know the names.
INSULT
p) incompetent lacking of skills - Really? He has driven some kind of an over sized vehicle in the past 30 years. No major accidents or problems. He can maneuver in places not many driver even attempt to enter.
INSULT
q) repetition. Insult to the company. 
Oh yes, r) any or all - take your pick!

Lovely list on all the things you can suffer of after someone scratches your car. Specially when at the time of the accident nothing could be detected. All the physical, mental and psychological trauma that makes you incapable of working, enjoying life, even looking after yourself. Permanent pain and therapies for a long-long time.

Oh, and after all this you and your lawyer is eager to settle out of court for 50 K. That you have sued for almost a million? Money is money. And you all knew it's cheaper to settle then go through all the legal pain and expenses.
You WON!
Did you for just a few moments ever think about the driver and his family? His work place is the roads. He tries to do his best and keep his good records up. 
This Claim was settled and paid for a few months when on a Saturday morning this was served to the family. It was a long weekend and there was to be a celebration. The claim was dated 6 months earlier, that was strange. After it almost ruined our weekend, we called the company that told us it is over and done with, it was settled. So what was this serving papers and finding the driver at his home address when it was supposed to be between the company, the insurance company and the lawyers. All business addresses. Why did they have to disturb the driver on his only day off? Did they care that this driver had been the only supporter of his family for tho whole years and this way he was ten times more careful than anybody else? That he takes pride on his work and work ethics? 
No. It was a WIN FALL.

Sunday, July 8, 2012

Life giving vital Water

H2O, clear, transparent, pure, non-complicated.
We can live without it for a few days but during summer heat waves we pass out in a few hours without it. Do you have enough of this life maintaining potion? Our body is 65-70% water that we should maintain. (Watermelon is 95%.)
Test yourself. Look at the colour of your urine each time you go to the bathroom. It needs to look bright yellow with no smell. Coffee, alcohol and some meat creates foul odour. 
We feel down, lousy, tired, and sluggish when we lack of it. 
So WATER IS YOUR SECOND BEST MEDICATION. (Air is the first, when you feel down, you should take deep breaths.)
After you took some deep breaths and had a glass or two of clear water, see how you feel. Most of the time you have no need to reach for head ache pills or coffee. (Coffee would dry you out even more so you need to pair it with some more water)
So when we should be drinking it?
After you get up, you break the fast by not eating first but having a glass of water. A good way to hydrate yourself is having some tea with your breakfast. Tea contains some caffeine but has a much longer lasting effect than coffee. 
After getting up              a glass
before each meal           a glass
with snacks                    a glass
before and after exercise a glass
with drying drinks like coffee and alcohol 
on a hot day sip as you go
and finally before you go to bed. Remember, you will be "fasting" for about 7-9 hours. 
Did you notice I didn't tell you how much you should be drinking? You hear often the 8 cups (2 liters) amount.
This is just like any average amount, rarely works out exactly that way. It depends on the weather, your activity level, and what you eat. Fruits contain 80-95% water, some vegetables have high content as well. A nice clear broth soup will help your intake.
Unfortunately the traditional truck-stop food is the driest as well. Sweets, hamburgers, sausages, fries, buns, bread, with heavy gravy doesn't help your body. So if you want to order poutine, my deepest condolences to your body. You surely just eat for the taste not because you need it. Specially when you wash this meal with coffee after.
So give you body the best food, medication or substance it needs. AIR and WATER.
For your Health!

Wednesday, July 4, 2012

Thank God a Truck Scratched my car - Free Win-fall!

A trucker is just on the way to deliver your toilet paper and paper towels to your local Walmart. It is getting a bit too close to you (or the other way around?) You both stop and you start yelling: "Do you want to kill me?"  You show him the scratches on your car. Can you see what you have done? Your girlfriend is really getting onto it. She yells and screams and at the end she bites the trucker's finger. It bleeds. You want to know all about the company because they will pay for the damages to the car! You just neglect the fact that there are no residues found on the truck and the scratch was probably caused by your girlfriend when she wanted to park. Heck, these are just minor details. 
You hit the Jackpot because a truck got too close to you! Now you can finally balance your checkbook. You already checked out a lawyer firm that would represent you. 
Would you stop to consider that the trucker is a person with feelings and has 50 more hours to drive this week? That he drives 12-14 hours a day on roads where drivers make it a sport not to signal or change 3 lanes at ones. They have to deal with all of us recreational drivers day in and out and swallow their frustration. Their wives and children are waiting for them at the end of the week after they will have driven 70 hours that week. 36 hours later they can be back on the road again.
Maybe you could start treating them as human beings and appreciate the work they are doing for you and for all of us. Oh yes, and try to climb up to a truck and see the world from up there. You will be surprised how hard it is for them to see your little car if you get too close.
Maybe we all need to learn new words in our vocabulary like compassion and integrity or decency. Right, mister compassionate lawyers?