During elections we hear the name Abraham Lincoln brought up by both parties. I suspect with the new House and Senate, we may hear Lincoln’s name even more often. Lincoln is loved, not because he could not tell a lie but rather because he was a President everyone trusted, and he got along with both sides of the aisle.
However, there is a big difference between telling a lie and not talking. In that regard, PI/DUI cases have a lot in common, with respect to what clients should, or should not do. In both instances “Silence is Golden”.
As a rule the less you talk the better off you are. Don’t admit fault in an accident or admit guilt with a DUI. It is not always what you say, but what the other side THOUGHT YOU SAID!
All DUI and PI Clients should take down their social media. Investigators for the DA or Insurance Company can save a lot of money and gather a ton of info by just checking Facebook sites etc. Some accident victims post that they are going skiing or entering a marathon right after an accident.
This is after they told the doctor how much they are hurt, and all the things they cannot do. Arguably, if they can play a sport, then they were not injured that badly in the accident. Along these lines, an accident victim should not tell the doctor they can’t do X. Instead a lawyer should advise his/her clients to explain, that it hurts when they try to do X.
A client shouldn’t post that they were lucky not to have been stopped the day before, when they were even more drunk, or any other post about their drinking and or driving etc. It is a good idea for a client to hire a local DUI/PI attorney, who will know the judges and court employees …and that should be done ASAP. Once a client has a lawyer, they can no longer be contacted by an investigator from the insurance company or DA’s office.
Preserving evidence, by writing things down right away, helps. Our smart cell phones can be used to take picture of parties, CDL, cars, streets, and to obtain statements from drivers and wits. Your lawyer should often request an anti-spoliation letter, to not destroy tapes and other evidence.
There is a difference between telling a lie and not talking. There is also a difference between a case being dismissed and the client being innocent. Even when the case is dismissed you have lost …as I have explained.
When an accident victim files suit, they can be served written questions, called interrogatories, or have their depo taken. They might be ordered to court, for a variety of appearances. There is no way you can truly win when you are in civil or criminal litigation. Cases create stress which is often taken out on your family. This leads to subsequent domestic violence arrests and divorces, not to mention the interruption and loss of business.
A party wins or loses a case for many reasons, other than the facts. Sometimes, a client cannot afford the best lawyer or the best experts that are necessary to prevail. Often a defendant is unlikeable either because of his/her appearance … such as tattoos or their attitude.
DRINKING AND TEXTING BOTH CAUSE ACCIDENTS, OR MAKE A DRIVER LESS LIKELY TO AVOID AN ACCIDENT, THAT WOULD NOT BE THEIR FAULT. BEING INTOXICATED, IS JUST AS SERIOUS AS BEING INTEXTICATED. A DRIVER MUST DO EVERYTHING POSSIBLE TO AVOID AN AT FAULT ACCIDENT. THE BOTTOM LINE IS “DON’T DRINK AND DRIVE OR TEXT, AND GET A DUI OR ACCIDENT… CALL A TAXI, LYFT OR UBER….THEY ARE A LOT CHEAPER THAN CALLING ME”
Ideas for future columns contact Dale Gribow 760- 837- 7500 or dale@dalegribowlaw.com.
