Des Moines Personal Injury Lawyer - Truck Accidents

Stale medical bills,

Steve Lombardi — Tue, 10 Jun 2008 07:16:00 GMT

QUESTION: I was asked a question about stale medical bills and it seems to be a reoccuring problem. The question has to do with stale medical bills and a delayed billing by the medical service provider. The billing was not originally made and when it was, six years later, it was too late to file with the responsible parent's health insurance carrier. What do you do when a medical service provider bills you six years after providing medical care? Do you still owe for the service provided? What if you can't now pay them?

Previously I've had to address this same problem. The billing company came after the parent five or more years after the services were rendered. More often then not the delay puts the responsible parent outside of the allowable period for filing a health insurance claim with your insurance company. Generally most health insurance policies provide no bills would be covered after 12 months. The bills were created for care for my children and ex-wife who never turned them into my insurance or advised me so I could do it. When she filed for bankruptcy they came after me. Quite a surprise and no way was I paying them. The Judge agreed with me. He ruled the hospital and other medical service providers had a duty to turn the bills into my insurance company or to advise me within a reasonable period of time after the service or forgoe charging me as the parent. A reasonable period of time he determined to coincide with the health insurance contract one year provision. Besides that the proof stunk. The HIPPA forms were on blank paper and did not include the box descriptions to show what the amounts or numbers corresponded with. Without that proof everyone was left to guess. Okay enough talking, good luck in California. Steve Lombardi

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Originally posted at InjuryBoard by Steve Lombardi

New Brain Injury Unit in Irene, South Dakota

Steve Lombardi — Tue, 03 Jun 2008 07:19:00 GMT

http://www.yankton.net/stories/012308/com_239095375.shtml

Wednesday, January 23, 2008
Story last updated at 1:05 am on 1/23/2008
New Brain Injury Unit Opens Possibilities In Irene

By: Randy Dockendorf
randy.dockendorf@yankton.net

TARA SCHUMACHER/P&D Becky McManus, the administrator of Sunset Manor/Avera in Irene, shows the floor plans for Sunrise Villa, a traumatic-brain injury unit scheduled for a mid-July opening date.
Click to view the Slideshow

IRENE - Besides dealing with their current physical challenges, South Dakotans recovering from traumatic brain injury (TBI) are forced to travel out of state for long-term treatment.

That will change this year through a new partnership involving the state and private parties.

Irene, a town with about 500 residents, will become home to South Dakota's first long-term care facility specifically designed for TBI patients. Sunset Manor/Avera in Irene, a skilled nursing home, will renovate its former independent-living facility for the TBI center.

The TBI unit is a collaboration among the South Dakota Department of Social Services (DSS); Village Northwest Unlimited of Sheldon, Iowa, which has offered a TBI program since 1985; and Ability Building Services, Avera Health and Avera Sacred Heart Hospital of Yankton.

Sunset Manor/Avera was chosen because of its location and facility, said Tony Erickson, executive director of Avera Sacred Heart Senior Services. State officials had sought proposals for the TBI center from facilities around South Dakota.

"Not only is this part of our mission, but we have very suitable space at the (Sunset) Manor that would work well for this type of care model," he said.

Plans call for the TBI unit - known as Sunrise Villa - to open by mid-July after undergoing a projected $500,000 in remodeling, said administrator Becky McManus.

"This is a wonderful opportunity for the community of Irene," she said. "This will enable patients with traumatic brain injury to live in a community setting. The units are specifically equipped to meet the needs of these individuals and will be designed by a variety of consultants experienced in TBI care."

Motor vehicle accidents, war injuries, radiation for brain tumors, anoxic brain injury, stroke and many other different scenarios can leave people with brain injuries, she said.

"It's very individualized," she said. "In one case, it could be blurred vision and an unsteady gait. It's not necessarily someone in a wheelchair."

The Irene center will develop criteria for accepting residents but will be geared toward younger adults, McManus said. The patients will be individuals whose injury occurred after age 21. The length of stay will depend on the individual's goal for future living.

"A car accident is usually the number one reason of TBI in a younger population," she said. "When you talk about TBI in young adulthood, a lot of people think you need to move them into a nursing home. But at Northwest Village, they told us that younger people are really happy when you separate them (from older residents). They are happier with their peers."

A recreational therapist will gear the center's activities toward younger residents, McManus said. "We are talking about a pool table and exercise equipment," she said.

The facility will house up to eight TBI patients in one-bedroom apartments, McManus said. Each apartment will feature a kitchenette, refrigerator and microwave in addition to a fully-accessible bathroom.

But even the new facility will fall short of meeting South Dakota's needs, McManus said. "There are well over 20 people who are out of state who could utilize this facility," she said.

However, the Irene facility marks a good start, said DSS Secretary Deb Bowman. Besides allowing patients to remain closer to home, the state will keep Medicaid funds in South Dakota which are now used to place TBI patients with out-of-state providers, she said.

"There has been a need for this in the state for quite some time," she said.

When the state put out a request for proposals, Avera provided the plan that was chosen, Bowman said.

"Avera really stepped up to the plate, helping us work through several issues," she said. "When we approached them about this project, their response was, 'What can we do to help?'"

The new facility could create as many as 15 new jobs, ranging from nurses and certified nursing assistants to a recreation therapist and possibly a social worker, McManus said. The additional staff will provide a major boost to local employment, she said.

The TBI unit will offer occupational, physical and speech therapy, McManus said. "We will help (patients) do the day-to-day things that most people take for granted," she said.

The ability to remain closer to home will have a major positive impact on the TBI patients, McManus predicted.

"People like to be near their family and friends," she said. "When you are far from home, you tend to lose that feeling of closeness. Now, you won't have to travel 2 1/2 hours to see someone at Christmas or any other time of the year."

Irene residents are happy to help fill a tremendous state need, said Irene Development Corporation president Cleo Waters.

"Hopefully, that family will come to visit (their resident) as a guest. I would especially like it if you had a loved one at the facility, and you could come to town and live close to them," she said.

"It's an exceptionally nice place and a needed place. This will be more centrally located for a lot of people. That can't be anything but good."

At the same time, local residents see the facility as a boon to their community, she said.

"As a development corporation, we are really excited and really happy about it," she said. "This is absolutely wonderful for us. It's going to be a boost. I'm sure anytime it brings more jobs to the community, it's really good. I hope it helps."

McManus anticipates that others will watch closely to see how the Irene TBI unit develops and even grows.

"In the past, we weren't as aware of these (traumatic brain) injuries. Or we didn't make as much noise about our needs," she said.

"I think, now with the war injuries, we are seeing more media coverage (of TBI). We are keeping people alive but creating a need for continued care. And I think we will see even more of it in the future."

Originally posted at InjuryBoard by Steve Lombardi

Iowa Auto Accidents - Should the car be repaired or totalled?

Steve Lombardi — Fri, 09 May 2008 00:00:34 GMT

Following a wreck the insurance company wants to total the car but the client wants to have it repaired? What should it be repaired or totaled? What will the lawyer need to review in order to answer this question?

Here is the rub for the client. The client of course may only be able to pay off the loan based on what the insurance company offers to pay. The loan could have a value greater than the fair market value. So if totaled the client is in a terrible position of having a car payment but no car. The client may want the car repaired since they would at least be able to drive to work and not have to come up with a down payment to buy a new or replacement car. So what will the lawyer need to answer the client's question?

Information required to assess if what the insurance company is planning to do is fair.

Auto's make, model and year of manufacture:
Date purchased:
Purchase price: $
Where it was purchased:
Current market value:
Loan amount: $5k+
Mileage at time of purchase:
Mileage at time of wreck:
Current condition:
Were there any previous accidents between the time you purchased the car and the date of the wreck? If so what were the dates and the amount of damage?
Was there any un-repaired damage to the car at the time of the wreck? If so, what was it?
Was the title clean or branded?

Paperwork and other evidence that helps in the valuation process.

Photographs of the car just prior to wreck:
Photographs of the car after the wreck:
Damage repair estimate:
Current location of the car:
A copy of the title:

Originally posted at InjuryBoard by Steve Lombardi

Farm Equipment Accidents - Road travel by teens

Steve Lombardi — Thu, 08 May 2008 00:00:18 GMT

Teach your teens about driving defensively when farm equipment may also be on the roadway. You should know that fall is the time when a greater number of accidents happen. The Iowa State Extension Office puts out a flier on how to share the road with farm vehicles.

Here are some of the tips they give on how to avoid some of the more common collisions or wrecks:

Left-turn collision
Defensive driving tips:
-Is it really turning? Don't assume a farm vehicle that pulls to the right side of the road is going to turn right, or is letting you pass. Check the operator's hand signals.
- Is there a turn signal? A flashing light on a tractor that suddenly stops flashing is a turn signal. Slow down when you see this signal.
-Where could it turn? Check the left side of the road for gates, driveways, or any place a farm vehicle might turn.

Rear-end collision
Defensive driving tips:
-Be alert. Always watch for farm vehicles on rural roads, especially at planting and harvest.
-Slow down immediately. As soon as you see a slow-moving vehicle, start to apply brakes like you would when approaching a stoplight.
-Keep your distance. Stay a safe distance behind farm vehicles. Most farm equipment is not designed to travel at speeds greater than 25 miles an hour. Even when towed behind a truck, equipment such as sprayers and fuel tanks often travels less than 25 miles an hour.

Passing collision
Defensive driving tips:
-Be patient. Don't assume the farmer can move aside to let you pass. Shoulders may be soft, wet, or steep, which can cause the farm vehicle to tip, or they may not be able to support a heavy farm vehicle.
-Make sure you're clear. When passing, make sure you can see the farm vehicle in your rear-view mirror before you get back in your lane.
-Enjoy the drive. Even if you have to slow down to 20 miles an hour and follow a tractor for two miles, it takes only six minutes of your time, about the same as waiting for two stoplights.

Stay alert, play it safe - don't blow it you're only a teenager once.

Originally posted at InjuryBoard by Steve Lombardi

GPS - A marketing plan that destroys good driving habits.

Steve Lombardi — Sun, 20 Apr 2008 00:00:39 GMT

Another potential source is driver distraction is the global positioning system or GPS that several manufacturers place in cars as standard equipment. As a person with a brain trained in the law it's amazing how complicated all these devices that are supposed to make our lives simpler are complicating it more and more. Good marketing doesn't necessarily translate into good driving habits.

Anyone a fan of NBC's much-loved comedy The Office? If so, remember the episode where Steve Carrol's character drove his car into a lake and blamed it on his GPS unit. We all laughed at the stupidity of the situation; turns out, in reality, such situations are not that uncommon.

But why is this kind of car wreck becoming more common? Let's review where we've been. We've looked at the cell phone call, the cell phone text messaging session, then the iPod and now the GPS or global positioning system. All very useful inventions but all extremely stupid ways to increase your chances of having a car wreck. My mother taught me to drive. That was an experience that I could certainly write a series on but out of respect for her I won't. Her method had this fictitious brake pedal on the passenger side of her Buick that we all learned to drive. She would furiously pump her right leg tapping her foot on the floor and at the same time repeat in rapid succession, "You are going to stop aren't you?" You gotta love a mother as driving instructor. She also did this thing with her arm fully extended, elbow locked and hand planted on the dash. At the time I wasn't sure what that was about, but now after four kids and a very expensive legal education I'm firmly convinced she was responsible for inventing the first airbag.

So what are some of the ways people get in trouble with the GPS? Today let's look at the GPS and train tracks.

In January 2008, a man sued a GPS service provider after his rental car got stuck on a railway and was struck by a train. You might wonder what, exactly; the gentleman was doing on the railway to begin with? Well, he was simply following his GPS unit's instructions and got stuck. That's what they say but realistically does the GPS tell you to stop on train tracks? Dolly would say you're just acting stupid but the lawyer in me says there is more to it than that which this article tells us. Let's look at the law.

Who's to blame here: the service provider whose directions weren't completely accurate and led the man to drive onto the tracks, or the individual who acted without common sense in driving on the tracks and blamed it on the device?

This reminds me of the most maligned and misunderstood McDonald's coffee case. Common sense tell us all that when you order hot coffee you'll probably get hot coffee; however, that little ditty might sell on Madison Avenue but that's too simplistic and doesn't really get at the heart of the problem. Because in that case McDonald's failed to inform customers that their coffee was approximately 20 degrees hotter than average, was according to their own trial expert not consumable and as served would give you first degree burns.

Under the products liability law, manufacturers and retailers are responsible for putting products onto the market that they know or should know are defective or potentially dangerous to consumers.

So, under this law, should GPS service providers be held liable for satellite-submitted instructions that, though helpful, are not 100% accurate?

Here a number of factors must be considered. First, was the product defective in terms of design, manufacturing, or even marketing? Also, did the GPS come equipped with a disclaimer warning users of possible miscalculations?

Provided the unit came equipped with a valid disclaimer, the driver would generally be responsible for making reasonable judgments in his/her own best interest, regardless of what the GPS recommended. It's called the reasonable-man standard.

The court would then determine whether driver responsibility is considered "an enforceable contractual provision or an unenforceable 'adhesion contract'".

Jurors ask questions too. Not necessarily required by law but they want answers having to do with common sense. They might ask simple questions, like: In what way the user was misled? Was it a rental car or his own vehicle? What in heaven's name made him stop on railroad tracks? Could I too do that?

Originally posted at InjuryBoard by Steve Lombardi

SUDDEN STOPPING - WHO'S TO BLAME?

Megan Roth — Sat, 19 Apr 2008 00:00:15 GMT

Though legislation varies county-to-county, each state has an established set of vehicle and traffic laws, each of which contains a section or subsection that states: "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal..." So that means the first driver is autmatically at fault, right? WRONG.

As has been made clear by our previous posts, we face a long list of potential distractions when driving, each of which significantly increases our risk of an accident.

Simply avoiding these devices that are distracting the driver may reduce our accident risk, but quite obviously doesn't erase it. So what about the non-technologically induced auto accidents? What happens when, without warning, a driver slams on their brakes and causes a rear-end collision with the car behind them? Who's at fault here: the driver who made the stop or the driver behind him who failed to make the stop?

Though legislation varies state-to-state, Iowa has an established a set of vehicle and traffic laws, which contains a section on braking. The Uniform Jury Instruction that a jury would see is as follows:

"A driver shall not stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give the signal. The signal shall be given by either extending the hand and arm downward from the left side of the vehicle or by a brake light constructed and located on the vehicle as to give a signal of intention to stop. The brake light shall be red or yellow and shall be plainly visible and understandable in normal sunlight and at night from a distance of 100 feet to the rear. The brake light shall not project a glaring or dazzling light. A violation of this law is negligence."

So that means the first driver is automatically at fault, right? WRONG.

In the courtroom, verdicts for such cases are often circumstantial and can be tricky. First, it must be determined whether the driver gave any indication of a stop. (Brake lights are always a pretty good stopping signal.) If it's determined that he did indicate a stop (one way or another), the rear-ender is often found to have been following too closely and cited for "failure to stop".

However, in the cases where the driver gives no indication, the court must determine what prompted the non-signaled stop. One would argue that slamming on the brakes when there is no reason to do so would not under the law be an "appropriate signal".

If the driver can prove he stopped in the case of an emergency, it's often found that neither driver is liable.

If the stop is not found to be an emergency and no signal was given to indicate stopping, the first driver may be cited for negligence.

That's not to say the driver intentionally caused the accident (we hope he didn't...); however, he disregarded his duty to provide adequate, fair warning of an impending stop and, in doing so, created an undue risk of collision for other drivers.

As one can easily see, a case involving a sudden stop isn't necessarily cut and dry, nor is it easy to prove. Leave sufficient distance between the front of your car and the rear of the car in front of you to avoid having to make a sudden stop and to have enough time to react to that which is unexpected. What's the best way to avoid such a situation? Pay attention. Remember the four-second-rule from way back when? There's a reason we learned it.

Originally posted at InjuryBoard by Megan Roth

Auto Accidents - DOES YOUR iPOD HAVE YOU TUNING OUT?

Steve Lombardi — Fri, 18 Apr 2008 00:00:15 GMT

Researchers have identified strong links between listening to fast-paced music and driving fast and listening to loud music and driving recklessly, both of which correlate with increased accident rates. The iPod is great but until technology catches up to human frailties you need to pay less attention to your tunes and more attention to the traffic.

Our recent posts have centered around one primary issue: driver distractions. We've concluded that cell phones are dangerous because when we listen, our ability to see and react is diminished. We can't help but wonder if music has the same effect? Does hooking up your iPod tune you into the song but out to the road? Does the driver trying to change the 'station' end up being a larger distraction then just changing the radio station?

Unlike a car radio the iPod can be anywhere the cord allows it to go. Even onto the floor. Unlike the car radio the buttons are not push and play. Also the buttons are not easy to locate and to 'push' to operate. The iPod was not designed for a driver, but instead for entertainment and leisure time. It has been adapted for car use. So if you don't have a passenger and don't know how to set up a playlist forget the iPod while driving.

Turns out it does. iPods have been shown to adversely affect drivers' performances. In fact, studies have found that using an iPod while driving is roughly equivalent to using a cell phone; therefore, operating the device while driving significantly increases your risk of being involved in an accident.

And the iPod isn't alone. Israeli researchers have conducted extensive studies and have concluded that all kinds of music prove distracting to drivers. Regardless of genre or type, listening to music makes drivers less alert behind the wheel.

There are countless websites centered on music-related accidents (go ahead - Google "traffic accident" + "radio" and see what you find). Many of these websites include a description of what happened alongside images of the wreckage that resulted.

We consider such images and detailed accounts supporting evidence for what researchers have identified as strong links between listening to fast-paced music and driving fast and listening to loud music and driving recklessly, both of which correlate with increased accident rates.

As if the music isn't bad enough, now iPods and similar devices offer the video feature. Talk about multitasking - drivers can watch TV shows and music videos (among other segments) while driving. In the ever-evolving world of technology, driving Apple Corporations bottom line isn't necessarily an answer to driver boredom.

But how good can it be good when using the features limits your ability to stay in your own lane and causes significant fluctuations in your speed? We think the advance in technology is great; however, we're not so sure about the judgment of drivers who use these every evolving devices while sitting behind the wheel. We are all in the midst of what can be described as first generation technology. The second wave will have to develop audio technology that can follow verbal instructions to drive these new devices. Once the technology catches up you will have an easier time 'changing the station' without having to change your attention from traffic conditions. Until that technology catches up you need to tune the devices out and pay attention to your driving.

Originally posted at InjuryBoard by Steve Lombardi

Cell Phones: University of Utah Applied Cognition Lab

Steve Lombardi — Thu, 17 Apr 2008 00:00:51 GMT

In today's post the Des Moines Injuryboard blawg provides a one stop source for a better understanding of how cell phone usage increases the risk of an auto accident.

If you have a case that involves the use of a cell phone this list of articles and web links may assist you to understand the gravity of your negligence and proximate cause question. All of the attached articles can be viewed at the University of Utah Applied Cognition Lab website.

Under David Strayer the principal investigator ACL has as its objective:

"The long-term objective or our research is to understand the impact of using advanced in-car technologies on driving performance and traffic safety. Our research addresses three specific goals limited to the most prominent communication technology, the cellular phone. First, we provide unambiguous scientific evidence demonstrating that cell phone conversations disrupt driving performance. Second, we compare and contrast the increased risk associated with cell phone use relative to other real-world activities. Finally, we provide a theoretical account for why cell phone use disrupts driving performance."

For a trial lawyer this information can be the difference between pleading simple negligence or gross negligence. If you have other suggested studies write and let us know.

Recent Publications

Strayer, D. L., & Johnston, W. A. (2001). Driven to distraction: Dual-task studies of simulated driving and conversing on a cellular phone. Psychological Science, 12, 462-466.

McCarley, J. S., Vais, M., Pringle, H., Kramer, A. F., Irwin, D. E., & Strayer, D. L. (2001). Conversation disrupts visual scanning of traffic scenes. Paper presented at Vision in Vehicles, Australia.

Strayer, D. L., Drews, F. A., Albert, R. W., & Johnston, W. A. (2001). Cell phone induced perceptual impairments during simulated driving. In D. V. McGehee, J. D. Lee, & M. Rizzo (Eds.) Driving Assessment 2001: International Symposium on Human Factors in Driver Assessment, Training, and Vehicle Design.

Strayer, D. L., Drews, F. A. & Johnston, W. A. (2002). Why do cell phone conversations interfere with driving? Proceedings of the 81st Annual Meeting of the Transportation Research Board, Washington, DC.

Strayer, D. L., Drews, F. A. & Johnston, W. A. (2003). Cell phone induced failures of visual attention during simulated driving. Journal of Experimental Psychology: Applied, 9, 23-23.

Strayer, D. L., Drews, F. A., & Johnston, W. A. (2003). Are we being driven to distraction? Public Policy Perspectives, Vol. 16, 1-2. (Published by the Center for Public Policy and Administration, University of Utah)

Strayer, D. L. & Drews, F. A. (2003). Effects of cell phone conversations on younger and older drivers. In the Proceedings of the 47nd Annual Meeting of the Human Factors and Erconomics Society (pp.. 1860-1864).

Strayer, D. L. & Drews, F. A. & Crouch, D. J. (2003). Fatal distraction? A comparison of the cell-phone driver and the drunk driver. In D. V. McGehee, J. D. Lee, & M. Rizzo (Eds.) Driving Assessment 2003: International Symposium on Human Factors in Driver Assessment, Training, and Vehicle Design. Published by the Public Policy Center, University of Iowa (pp. 25-30).

Strayer, D. L., Cooper, J. M., & Drews, F. A. (2004). What do drivers fail to see when conversing on a cell phone? In the Proceedings of the 48nd Annual Meeting of the Human Factors and Ergonomics Society (pp 2213-2217).

Drews, F. A., Pasupathi, M., & Strayer, D. L. (2004). Passenger and cell-phone conversations in simulated driving. In the Proceedings of the 48nd Annual Meeting of the Human Factors and Ergonomics Society (pp 2210-2212).

McCarley, J.S., Vais, M.J., Pringle, H., Kamer, A.F., Irwin, D.E., & Strayer, D.L. (2004) Conversation distupts change detection in complex traffic scenes. Human Factors, 46, 424-436.

Strayer, D.L., & Drews, F. A. (2004). Profiles in driver distraction: Effects of cell phone conversations on younger and older drivers. Human Factors, 46, 640-649.

Strayer, D. L. & Drews, F. A. Crouch, D. J., & Johnston, W. A. (2005). Why do Cell Phone Conversations Interfere with Driving? In W. R. Walker and D. Herrmann (Eds.) Cognitive Technology: Essays on the Transformation of Thought and Society (pp. 51-68), McFarland & Company, Inc., Jefferson, NC.

Strayer, D. L. & Drews, F. A. (In Press). Multi-tasking in the automobile. To appear in A. Kramer, D. Wiegmann, & A. Kirlik (Eds.) Applied Attention: From Theory to Practice

Strayer, D. L., Drews, F. A., & Crouch, D. J.(2006). A comparison of the cell phone driver and the drunk driver. Human Factors, 48, 381-391.

Strayer, D. L., & Drews, F. A.(2007). Cell-Phone-Induced Driver Distraction. Current Directions In Psychological Sicence, 16, 128-131.

Cooper, J. M., Vladisavljevic, I., Strayer, D.L., Martin, P.T.(2008). Drivers' Lane Changing Behavior While Conversing On a Cell Phone in a Variable Density Simulated Highway Environment.

Originally posted at InjuryBoard by Steve Lombardi

Cell Phones: Getting the other driver's cell number - It's just like being on a date, only you've already crashed and burned!

Steve Lombardi — Wed, 16 Apr 2008 10:29:52 GMT

Who else would suggest reading Dating for Dummies, 2nd Edition, by Dr. Joy Browne to improve your chances of proving negligence in a car accident? Read the Des Moines Injuryboard blawg to find out.

Okay so you read my last post and don't feel comfortable confronting the other driver or the police officer was no use in getting the appropriate investigative information - what then do you do? Well a gentler way to still get the number is through the accident investigation exchange form used by some police departments. After getting it filled out point out that you're usually not home and would be willing to exchange cell phone numbers with the other driver. Or after looking at the phone number given by the other driver ask them if the number on the form is their home, office or cell. And then offer to exchange cell phone numbers. Use your imagination, think of it as if it were someone you wanted date and how you might under different circumstances get the other person's number.

To be good at investigating an accident, can at times require you to think outside the box. In this instance you may want to read Dating For Dummies, 2nd Edition, By Dr. Joy Browne.

In this new edition, Dr. Joy offers updated guidance on how to find a date, covering "speed dating," Internet dating services, and singles nights at grocery stores and other unexpected places. She delivers fresh pointers on a whole host of topics, including:
- Building your confidence and polishing your social self
- Determining if you're really ready to date
- How to meet and approach Mr. or Ms. Intriguing
- Where to go, what to do, what to wear, and what to avoid on the first date
- Taboo subjects, such as your ex, sex, politics, and religion
- Cell phone and e-mail etiquette
- Moving from dating to a successful relationship and the four stages of attachment
-Breaking up (just in case Mr. or Ms. Right wasn't) and avoiding pity parties and pitfalls
- The dos and don'ts of Internet dating

Hey don't laugh Dr. Joy has sold more than 156,000 copies!

Asking a Potential Date for a Number -

Perhaps some friends introduced you. Maybe you ran into one another on the street or at a party. Whatever the circumstances, you've met someone and you want to get a number: a phone number, a street address, an e-mail address, a business card, or something. You'll need that information if you want to get in touch if plans should change. (Yes, there's always the mutual friend route, but you're not in seventh grade any more -- or are you? Plus, if you contact the other person directly, you get a lot more -- and more reliable -- information.)

Of course one last bit of advice. If the other driver is really creepy then by all means don't give him or her your cell phone number. Let the lawyers do the work because it's better to be safe than to put your life at risk.

Know your rights, know how to protect yourself and be ever vigilant to avoid known risks.

Originally posted at InjuryBoard by Steve Lombardi

Cell Phones: What to Do In Case of an Accident

Steve Lombardi — Tue, 15 Apr 2008 00:00:47 GMT

What if you're involved in an accident and suspect the other driver was using a cell phone? What should you do? The first thing I would suggest is to remain calm while you plot your strategy. Note the time of the crash. Look at your watch and make a mental note of the time or write it down. That's important because the police may not be there for several minutes or more and remember the police didn't witness the accident so they won't know of the exact time of the crash. Of course later on your lawyer can always get the other driver's cell phone records, but you need to be able to testify of the exact time of the crash. Say the time out loud so any passengers hear you say it.

You'll probably need a witness to the other driver's use of the cell phone so I'd suggest before getting out of the car that you ask any passengers in your car if they saw the other driver using a cell phone. Then, assuming you have a passenger ask them to get out of the car with you while you gently interview the other driver while your witness is within ear shot. Tell you passenger to remain calm and quiet and to listen to everything the other driver is saying, while remaining quiet. I say gently interview because running over to the other car while yelling at the top of your lungs "You stupid fool why you were using a cell phone while driving?" is not likely to get you anywhere. And two people yelling at the other driver isn't going to help so remain quiet and listen. What you want is an admission by the other driver or proof that the other driver was using a cell phone at the exact minute of the crash. If the other driver in front of a witness admits to using the cell phone then get the witnesses contact information along with their name. The witness may not be a passenger and your lawyer will later need to be able to contact the witness to get a recorded statement as to the driver's admission.

If the driver doesn't admit to using the cell phone but you know they were or strongly suspect they were, then when the officer arrives take the officer aside and calmly tell him or her of what you suspect. Ask the officer to request the other driver give the officer their cell phone so the officer can check the last four numbers that were called by the driver or calls the driver received. It's important to get both because you won't know if the driver called or was called. Knowing who they spoke with can lead to knowing what they were talking about which can be pretty good evidence when determining fault.

Let's say the officer declines to ask the other driver for their cell phone. Then again, gently ask the officer if they will at least obtain the other driver's cell phone number as part of the investigation. That information can later be used to determine who they were talking to at the exact time of the wreck.

It's important to always remain calm, cool and collected. Be persistent but not obnoxious. Don't be loud and accusatory, speak in matter-of-fact tones. Be factual not dramatic. And remember there is always the lawyer to fall back on to get what you don't get at the accident scene. Which leads me to one final point: Right after you get back from the hospital emergency room, assuming you need one, find the right lawyer to help you to legally preserve the cell phone information and time connection to the accident. And that is probably another subject we will discuss in the future, the how to guide to trace electronic communications.

Cell Phone Number Reverse Lookup
Cell Phone Numbers
Reverse Cell Phones
Abika and trace source of an email or looking up an IP address.
Online Directory Compiling Cell Phone Numbers - Maybe Even Yours.
Free Reverse Cell Phone Lookup Websites - Do they Exist? This site has a comprehensive list of services offering cell phone number or owner information.
Reverse Cell Lookup Options?

Using Reverse Phone Detective I put in my own and it generally worked. It will cost a few bucks but that's part of the cost to win your case.

Originally posted at InjuryBoard by Steve Lombardi