There may be a need for you to find out the identity of person through there license plate number. You may have been in a hit and run or maybe you saw someone driving erratic on the road and you were able to get there license plate number and you want to find out who the owner of that vehicle is. There are several ways you can go about searching a license plate identity online.

The first one is there are private investigators that will perform this kind of search for you but they will charge you around $200 or so. This can be a fast and effective way to get the information you want and if you do not have a lot of time then this can be a good alternative for you.

Next you can use a online private search company and they will get you the identity information that you are looking for. They also charge you a fee of around $75 but it can be a faster way to get the information because it is online you do not have to wait until someone calls you back. This kind of search will usually give you the owner of the cars name, address, VIN number, registration number and expiration date.

Finally you can become a member of a private investigation service and the fees are cheaper about $25 – $30. There are benefits to using a service like this because you will gain access to the databases that are used to look up a license plate number. Of course with this option you will have to do most of the work yourself but you will get the results you are looking for.

Remember that when you want to find out the identity of a person using there license plate there are many options for you to use.

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Does a list of convicted felons in your area exist? The answer is a yes. Some states and their counties usually have their database of convicted felons so that when someone looks for it, it will be immediately available. Some counties already have their own online site where you can easily log on to obtain the list of felons while others don’t.

If you can’t find an online website where you can obtain a list of convicted felons, you can try searching the local bureau of prisons. In any way, you will still be able to get the list of the convicted felons in your area. The list of convicted felons is usually confidential and you should have the authority to obtain it or at least a permission. You should also have a valid reason for wanting to obtain the list. You see, the convicted felons are also protected by the state so that they will not be discriminated once they are out of prison.

So if someone asks you if there is a list of convicted felons in your area, you can simply answer ‘yes’. If you want to check if an individual is a convicted felon, you just need to provide the name of the individual, and probably some personal details. After doing so, you can determine if he/she is a convicted felon.

Remember that even though if you’re able to find out if a person is a convicted felon, you must still respect that individual and don’t judge them for their past mistakes. If a need to search for convicted felons in your area arises, you have two search options – search online or offline. Another type of felony database available is the local sex offender databases. These can usually be found on your local television station’s website or newspaper. If you cannot locate it, simply call your city government office and they should be able to direct you to a website.

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It is really rather easy and convenient to conduct a Criminal Record Search on people nowadays. In fact, there is a whole range of specific categories of criminal records to choose from. Arrest Records is one of the favorites and there are good reasons for it. Generally, there is no limitation imposed by the authorities on the release of arrest record information. There is also practically no restriction on the use of the information derived. That makes it one of the friendliest and useful tools to research the criminal past of virtually anyone.

Except where the subjects are juveniles or when it is deemed to be against public interests of security or other official proceedings, arrest records are strictly public records. That means they are freely retrievable through any legitimate means that are available to the public. By definition, they are documentations of any detention or custody taken by law enforcement, including military authorities, on grounds of suspicion or allegation of criminal violation. This record itself stands whether or not it results in incarceration, indictment, dismissal, discharge or acquittal.

Arrest records are commonly used to check out job applicants, new neighbors, friends, prospective spouse or in-laws and even tenants. It must be noted though that it is not permissible particularly in relation to employment to officially ask someone if he or she has ever been arrested. When asked in that context, it should be understood that an individual can rightfully decline to answer without any threat or repercussion.

There are a number of options to access arrest records. Free information can be obtained from police departments or even the FBI with written requests. Many of the government agencies have websites that will serve this purpose too. Fees are usually nominal if required at all. There are also private databases on the web which can be explored. Some are free, some paid and others hybrid in a sense that charges come into play depending on what level of information is sought. For example, many of the commercial information brokers online offer free searches and charge when hits are made and download of the report is ordered.

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A lawyer, whose specialty is personal injury law, will represent individuals that have been injured either physically or psychologically, as a result of another individual’s, organization’s, company’s, government’s etc., negligence or wrongdoing. An attorney specializing in accident and injury law will be well-versed in the area of law categorized as tort law.

Tort law governs how pecuniary damages and/or personal injury claims are handled. A person that has been injured because of the wrongdoing or negligence of another person or entity may need to hire a personal injury lawyer to represent him or her. Doing so gives them the best chance of receiving fair compensation.

It is important that individuals who need legal representation give a lot of consideration to who they hire.Now, when those injured in automobile accidents need financial help, or for the families that need to know that the loss of a loved one could have been prevented, an experienced lawyer can make a big difference. Hiring an experienced lawyer with a proven track record gives an individual the best chance of obtaining a fair settlement.

A lawyer that has a decent amount of experience representing those who have sustained some type of injury at the hands of another due to negligence or wrong doing will have a firm grasp of personal injury law. Their knowledge and proven ability to successfully represent clients will garner the respect of the opposition, who will in turn, be more willing to negotiate a fair settlement. If they are not, an experienced attorney will understand how to best represent his or her client so that the chance of them receiving a sufficient settlement is improved.

Not being able to have full use of ones limbs, suffering from chronic pain and/or having to undergo medical procedures because another person, company, organization, etc., was negligent, will significantly alter a persons’ life and future. While a personal injury lawyer won’t be able to turn back the clock, they can fight for their client and do their best to ensure that he or she is fairly compensated for their injury. This often accomplished via a settlement that is agreeable to both parties. Many personal injury cases never go to court but instead are settled out of court.

Anyone who has experienced an injury or economic damage due the wrongdoing or negligence of another should consider hiring a personal injury lawyer, preferably someone who has a decent amount of experience under their belt. He or she will work hard to win them compensation for their loss.

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How do I become a private investigator?

That’s a complicated question with several parts that largely depend upon in which state you plan on working. You have two options; you either work for a licensed private investigations agency or you go to work for yourself and obtain your own PI company license. Either way, you there are two considerations you must address at some point:

The first consideration is licensing; all but only a handful of states require a state-issued license to be a private investigator. Each state has different background, education and experience requirements that may vary from simply attending a state-approved training course to pre-licensing education, exams, years of work experience and obtaining a sizable professional liability insurance policy with “errors and omissions” coverage. To make matters just a little more confusing, there are some cities that require private investigators to either register or obtain a municipal license in states that do not otherwise require them.

The second consideration is training. Private investigation specific training is the most important investment you can make in yourself! Since most new PIs don’t have the ability or are not ready to start up their own investigations company you will most likely be looking for employment with an established agency. As an owner of an established and well respected detective agency I get resumes all of the time; the first thing I look for before considering a candidate is to ask the question, “How has this person invested in themselves before asking me to invest in them?”

What if I do not have the minimum experience required by the state to obtain my own company license? How will I ever break into the industry?

If your goal is to eventually own your private investigations agency, no problem… every state that requires experience also has a program in place to see that new investigators have access to eventually obtaining their own license. For example, in Texas where we hold an agency license those who are too new simply go to work for an established company until they have the required number of hours to be able apply for their own license. In Florida (where we also have an agency license) they specifically provide internship licenses. Again, every state is a little bit different but thousands of successful private investigators are working today and tens of thousands have come before us; we all had to get started someplace… you can too.

Also, consider your own background and employment related experience carefully some of it may apply. I have known loss prevention agents, security guards (in specific roles), accountants, firemen, bail bondsmen, alarm installers, teachers, and even a librarian use their previous employment experiences to apply for their own agency license.

What type of training should I be looking into?

Any amount of training is great though most PI companies don’t place a whole lot of credibility with the courses from PCDI, Harcourt, and Thompson Direct. You could honestly do much better and at less cost.

Instead, look for academies or training programs that have been created by private investigators. Who knows better about what a new or an aspiring private detective needs to know than an investigator who has been in the field for a considerable amount of time?

Also… look to see that the sponsoring company is active in the industry as well. Are they still providing regular private investigative services to a robust clientele? It’s sad, but many PIs who wash out over a very short period of time in the business look to teaching. In reality, you will learn very little from those who could not make it themselves; success breeds success!

Lastly, I have a little secret I would like to share with you…

Look over the education provider’s entire website and see if you find boastful claims or where the company is bashing other educators. This is a very tight-knit industry and you will find that students who complete training programs from educators that spend time “bad mouthing the competition” have a terrible time getting a break simply because of the animosity created through their educator’s use of negative advertising. I know that seems unfair but it is a reality in this business. This does not mean, however, that you should dismiss the negative press but the first thing an excellent private investigator learns is how to evaluate a claim, identify the source and make a judgment based on additional facts and research. Some statements will have merit while others will not; it’s up to you to make that decision.

What is the difference between a private investigator and a private detective?

Nothing. The terms are used interchangeably but some states choose to use the term “detective” while most use the term “investigator.”

I really just want to help my friends and family to find old friends or people who owe them money. Do I need a PI license?

That’s a great question. Generally speaking, in those states where it is a requirement you will need to obtain a license if you hold yourself out for hire or accept payment from another person or business and participate in or provide the following services:

o Surveillance

o Obtaining or furnish information related to a crime or the identity, habits, business, occupation, knowledge, movement, location, affiliations, associations,transactions, acts, reputation, or character of a person, group or company.

o Securing evidence for use before a court, board, officer, or committee

o Locating or recovering lost or stolen property and unclaimed funds.

o Determining the cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property.

Some states may specifically include such things as service of process, bail enforcement, personal protection and genealogical research under those activities that require a private investigator’s license as well.

Do I have to have a degree in Criminal Justice from a college or university?

No, though some states may accept a degree in Criminal Justice, Administration of Justice or Police Sciences in lieu of the minimum experience requirements. One recent study conducted on behalf of the Virginia Department of Justice concluded that almost 57% of all private investigators do not have a college education.

If I do not have a college education do I have to have a background as a police officer or other law enforcement related profession?

No. Most private investigators do not have a law enforcement background before entering into this industry. It is true that many private investigators may have once had a career in criminal justice but the bottom-line is that private investigation and law enforcement is very different and my experience has been that very few who make the transition from law enforcement are prepared for this type of work, either technically or creatively, on their own. Most of them recognize this and seek industry specific training as well.

What type of person makes a successful private investigator?

This business requires a rare blend of logic and creativity; it’s rare because logical people tend to not be very creative and vice-versa.

I would say that any successful detective must first have the ability to communicate. This means that he or she must have the ability to connect with people of all walks of life, regardless of economic status, ethnicity or education. It also means that the investigator must have the ability to clearly present a simple fact or a complex investigation in writing. The end result of an investigation is the investigative report, which is given to the client upon conclusion of the assignment; this is essentially our work product. If you cannot write reasonably well, your reputation will surely suffer as a result.

Secondly, great investigators have a burning desire to answer any question that is put to them only after a careful and determined effort to identify the facts and circumstances that contribute to a complete and unbiased explanation. We are in the business to provide facts, not opinions; we let our clients draw their own conclusions from our report. Oftentimes in order to get to those facts, we must be relentless in our pursuit of information. This is where logic meets creativity. Dead-ends often only require a different approach!

Lastly, I believe that every investigator should possess a varied set of experiences and knowledge. One characterization of the private detective industry I can make is that by and large we represent a vastness of experience, skills, and trades. One of the most accomplished investigators I have ever met listed “Mom” on her resume. When she decided to become a private investigator she had no appreciable skills that she could put in her resume but through her own experiences she had developed an intuition that was almost never wrong and she could simplify complex problems into there most basic parts. I have personally hired a plumber, building contractor, car salesman, and a host of other seemingly unrelated career types into my own company, CompassPoint Investigations, because they had certain intangibles that made them great in this business!

The bottom line is that anyone can train to become a wildly successful private investigator, just like one can train to become a barber or an attorney, but an aspiring detective has to bring some things to the table that cannot be easily taught: creativity, logic, the ability to communicate and an insatiable curiosity!

I have a criminal conviction in my background from many years ago. Will this affect my ability to become a private eye?

Every state that requires a license to be a PI also requires a background investigation as a part of the licensing process. I believe that a felony conviction will be an automatic disqualification in almost every instance (though I know a felon who has a PI license issued by the city of Columbus, MO.), while misdemeanors may be considered depending upon the crime, its seriousness and the amount of time that has passed since the conviction; again this will vary by state.

Will my military discharge affect my ability to become a private investigator?

In some cases a discharge that is anything but honorable may prevent you from becoming a PI. Just as in the answer to the criminal conviction history above, some states require PI applicants be free from negative military discharge classifications- Bad Conduct Discharge, Less than Honorable or Other Than Honorable service characterizations are grounds for denial of a PI license in several states and jurisdictions.

Perhaps the Florida Division of Licensing put it best: “Private investigators and private investigative agencies serve in positions of trust. Untrained and unlicensed persons or businesses, or persons not of good moral character, are a threat to the public safety and welfare. The private investigative industry is regulated to ensure the interests of the public are adequately served and protected.”

Can I just specialize in a particular type of investigation or will I have to do the surveillances and cheating spouse investigations too?

I absolutely recommend that investigators find their niche and specialize in only a few types of investigations! There are several important reasons for this, which I discuss in my training programs, but it can be summed up this way: when you are the most notable investigator in your region of the country for a specific type of investigation, you will find MANY additional opportunities to make a lot more money than if you advertise yourself as a “jack of all trades.” This has been proven across the country time and time again and is a major topic of discussion in our upcoming private investigation marketing manual.

What types of assignments do private investigators typically take?

Wow, the options are endless and the subject really deserves its own entire section! I have listed the most obvious types of private investigator assignments in an article you can find by going to my Articles Page. I will eventually briefly describe each type of investigation in the next couple of weeks. Continue to check in as we are constantly making additions.

What type of investigation or specialty assignment pays the most?

I don’t know that anyone can answer that question definitively, but I will say that surveillance is typically the most lucrative type of assignment a private investigator can get because it is solid, billable, blocks of time. I am aware that there are particular types of investigations where investigators are making anywhere between $300 and $500 an hour for activities like forensic computer evaluation, security consulting, automobile repossession, and a few others specialties. I personally have made $10,000 in an hour on several occasions in 14 years doing bail fugitive recovery work, those types of paydays are few and far between. Overall I average almost $150 an hour while engaged in bail enforcement, not too bad by most people’s standards, though many investigators just don’t have the stomach for that type of work. It can be extremely dangerous, it is a very competitive field and you get paid only if you can complete the case.

Is private investigation dangerous work?

Obviously, there are some PI jobs that are more dangerous than others like collateral repossession or bounty hunting but, generally speaking, private investigation is not a dangerous job. We all have heard the stories of PIs getting caught while on surveillance by an irate cheating husband or being chased out of a yard at the business end of a shotgun while serving a subpoena. Most episodes of Magnum PI had Tom Selleck dodging bullets, too. Certainly, scary things can and do happen on rare occasions but like all war stories, the ones that seem to get a lot of attention play out more like fiction than reality. Safety is always at the forefront of every trained investigator’s mind.

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In Washington State, there is no crime of Domestic Violence. Rather, Domestic Violence is a tag that is put on other crimes indicating that there is a family or household relationship between the parties involved. Most jurisdictions will impose a No Contact Order that prohibits the defendant in a Domestic Violence (“DV”) case from having contact with the alleged victim of the crime. The order will often prohibit contact with the victim’s children, residence and place of work too.

Family or household relationship

According to RCW 10.99.020(3), family or household members is defined as:

[S]pouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

As you can see, this definition is extremely broad. It is far more inclusive then what most people would expect it to be. The same is true for the types of crimes that are labeled “Domestic Violence.” Most people only think of Assault when it comes to domestic violence, however there are many other crimes that can carry the DV tag.

Mandatory Arrest

According to RCW 10.31.100(2)(c), an officer must make an arrest if: The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes:

(i) A felonious assault has occurred;

(ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or

(iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

(i) The intent to protect victims of domestic violence under RCW 10.99.010;

(ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and

(iii) the history of domestic violence between the persons involved.

If you get arrested for a crime involving domestic violence, a No Contact Order will slam into place almost immediately.

No Contact Orders

There are two types of No Contact Orders in Washington State: Pre-Trial and Post Conviction. Both types of orders prevent the defendant from having contact with the alleged victim. However, neither type prevents the victim from trying to have contact with the defendant, since only the defendant goes to jail if the order is violated. In other words, the No Contact Orders limit only the defendant’s behavior.

Pre-Trial

Pre-Trial Orders are issued against the defendant (sometimes called a Respondent) before he or she is convicted of having done anything wrong. These orders can preclude contact between the Respondent and the alleged victim of the crime, the victim’s children (even if they are the Respondent’s children too), the victim’s place of work and the victim’s home (even if it’s the Respondent’s home too).

In other words, these orders can force you away from your home and your kids before you have even been convicted of a crime. This is true even if the victim says that nothing happened or that whatever did happen was blown all out of proportion.

Pre-trial orders stay in place until there is a resolution to the criminal case or until a Judge lifts it.

Post-Conviction

A No Contact Order issued after conviction can carry the same types of restrictions that a Pre-Trial order does. Post-Conviction Orders are generally good for a year, however a Judge can extend that if he or she feels that the facts warrant it.

Civil Standby

Since a No Contact Order can preclude you from going to your own home, the Courts will generally allow you one trip home to get clothes and a few personal items. However, you must be accompanied by a Law Enforcement Officer. This process is called a “Civil Standby.” You must contact the law enforcement agency and schedule a time for the Civil Standby. Be aware, however, that this is a low priority action for most law enforcement agencies, so the civil standby will only be done when they have the time to spare.

Violating a No Contact Order

A willful violation of a No Contact Order is a gross misdemeanor; which means that you can get up to a year in jail and a $5,000 fine. Since violating a Domestic Violence No Contact Order is itself labeled a crime of domestic violence, your rights to own or possess firearms will be forfeited upon conviction – even if no gun was used, possessed, mentioned or in any other way used or contemplated. This is true even where the underlying criminal case, which caused the No Contact Order to be issued, is dismissed.

Being in a public place, even the courthouse, is not a defense to violating the order. This means that if an order is issued against you and you see the protected person at a grocery store then you must leave. Inadvertent contact may technically not violate the order, but you may well have to go in front of a Judge to defend yourself. Besides the stress involved, you may have to spend more money in order to hire an attorney.

Even if the victim invites the contact, the respondent can face jail time if the order is violated. What I see most often in my cases, is the following scenario:

Two people have a relationship. Something happens and the police are called. Because of everyone’s sensitivity to “Domestic Violence” the police err on the side of charging someone. A No Contact Order then slams into place, precluding the two people from having contact with one another. It may also make one of them unexpectedly homeless – but that is a different issue. People, being people, want to work the problem out and the alleged victim contacts the defendant and says something to the effect of “I’m so sorry that all of this is happening. Come home and I’ll make it worth your while.” The problem, of course, is that the defendant takes the alleged victim up on the offer. Generally, legal problems multiply for the defendant shortly thereafter as the happy couple go out to celebrate their rekindled relationship only to pull a “slow and go” at a stop sign – or some other minor traffic infraction. They then get stopped by the police. When the officer runs the occupants’ information, up jumps the No Contact Order and the defendant is arrested then taken to jail where he is now facing an additional charge.

Removing the Order

It is very difficult to remove a Pre-Trial No Contact order once it is in place. Even if the victim comes in and testifies before the Judge that the order is not needed, most Judges will leave the order in place.

One strategy is to have the defendant evaluated by a Domestic Violence Treatment Agency. If a counselor is willing to tell the Judge that the defendant would not pose a danger to the victim if the order is removed, then the Judge can eliminate the order. The Treatment Agency may want to get the defendant into classes before agreeing to make a recommendation to the Judge.

Another strategy is to ask the Court to modify the No C0ontact Order to allow marriage counseling. Some Judges will require that contact only be allowed while monitored by a third party from the treatment agency.

Once a No Contact Order has been modified to allow conditional contact, a Judge is more likely to remove the order later, unless there is a new problem.

Victim Rights

Most Prosecutors’ Offices have a Domestic Violence Advocate. It is this person’s job to help the victim of a domestic violence offense understand what services are available to them and help keep them informed as the court process moves along.

I have seen numerous cases where the victim does not want the No Contact Order to be in effect. Going through the victims advocate person can sometimes be helpful.

Most courts have a form that the alleged victim can fill out requesting that the Judge drop the No Contact Order. In my experience, most Judges will maintain the order even after the victim asks to have it dropped. Even though the order remains in place, having the victim ask for it to be removed is still valuable, since it may be useful on a later attempt to remove the order.

Gun Rights

Conviction for a crime labeled Domestic Violence will cause you to loose your right to own or possess firearms. This is a lifelong ban.

Example

In one case I had, the husband was arrested for a Domestic Violence charge when, during an argument, he threw a bowl into their kitchen sink, chipping it. The argument was overheard by a nearby neighbor who called the police. The police arrived and when they looked in the sink, they found the chipped bowl and arrested the husband for domestic violence malicious mischief. There was no allegation that the husband threw the bowl at, or even near, his wife. Since Washington is a Community Property state, both the husband and the wife had an ownership interest in the bowl, thus by chipping his bowl, the husband damaged property belonging to another (i.e. his wife) and was therefore liable under Malicious Mischief. Without counsel, the husband (who had no prior criminal history) pled guilty at arraignment. He was given a one year No Contact Order which prevented him from going home for a year or having any contact with his wife.

Had the husband contacted an attorney prior to pleading guilty, he may not have had a conviction at all. Even if there was a conviction, an attorney could have helped him avoid such a long No Contact Order.

Copyright (c) 2007 The Cahoon Law Office – All rights reserved.

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The allure of a motorcycle is undeniable. The feeling of open air, the scenery, the camaraderie with other bikers all come together to create a sense of freedom and adventure. Everything about it is just so cool and fun and exciting-except if you or another biker gets into a motorcycle accident.

Then, things can get tough for awhile while you heal or take care of your friends and try to make sure everything works out for the best. Some bikers think they don’t have much recourse after an accident. It’s part of life on the highways, they think, but you have a right to a personal injury claim as much as anyone else who is a victim of negligence.

Motorcycle accidents happen in startling numbers. Make sure you’re protecting your rights to ride if you get in an accident.

75% of motorcycle accidents involve collision with another vehicle, where failure of motorists to recognize motorcycles is the leading cause.
In single vehicle accidents caused by motorcycle error, slideouts due to overbraking are the main cause-but the motorists still fail to react responsibly to the slideouts and are usually still negligent.
The main behavior in motorist negligence against a motorcycle is making a left-hand turn while the motorcyclist is driving straight.
Weather is a factor in only approximately 2% of accidents involving motorcycles.
The median pre-crash speed in a motorcycle accident is 29 MPH. This is not an unsafe speed as long as it is lawful for the road.
Almost half of fatal accidents involve alcohol. The majority of these accidents show considerable collision avoidance, including failure to brake, overbraking, or lack of ability to countersteer. Don’t drink and ride!
Large displacement motorcycles are underrepresented in accident data, but when they are in collisions, the damage is much worse.
Safety helmets are the most critical factor in preventing death in an accident.
Helmeted riders show less injury to the head, neck, and spine. Only 4 minor injuries from 2001 on are recorded by the National Highway Safety Transportation Administration.

Ride safe, so you can keep riding!

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A parking lot accident can ruin your weekend. If you ever went to the grocery store, you know that the

parking lot is a deadly trap. It is not uncommon seeing people backing out while

smoking a cigarette, or talking in their cellular phone. It is even worst when

you honk at them and they look at you as if you were doing something wrong. If

you are in a parking lot accident, there are several things you need to know

about before it is too late.

Most parking lots in America are considered private

property, and most of the accidents are low speed impacts. This means that

“usually” there will not be people making bodily injury claims, at least not at

the scene. The combination of the two allows the police decline your call for

help. It is very likely that the police will not respond to document the

damages.

You will be left at your own devices to get the other

party’s information and defending your case. A parking lot accident usually gets

complicated. Drivers have very different perspectives of what happened and word

vs. word situations will most likely arise if you do not have witnesses

(insurance companies require independent witnesses, so your passengers will not

count).

It is often the case that the other party will not want to

give you their information. This is when things can get ugly. How can you file a

claim if you do not have their information? Call the police again (even if that

is after they left) and try to get them to come out. If they don’t, then go to

the closes police station and file a walk in report. Write everything you know

and exactly what happened. This will help you later on to document your claim.

There are two reasons why people won’t give you their

insurance information. Either they do not have insurance (way to often in the

U.S.) or they think you are responsible for the accident. The common view is “if

you hit me, then your insurance should pay”. In no fault statues (like

Michigan), this does not apply, but all fault states most driver do not want to

file against their own insurance company. Although this is a reasonable

deduction, it is misguided.

Insurance agents try to discourage people from making claim

against their own insurance policy. They worry about your rates. Most of the

time, your rates will not be affected if you are a good customer and the

accident is not your fault. Agents also have personal motives for this; they

have “loss ratio” percentages that can lower their commissions, so they want to

discourage claims as much as they can. No filing a claim can jeopardize

coverage, you have a duty to report an accident, and not doing so can left you

without coverage.

This can put you in a very bad spot. If you do not file a

claim then no defense against bodily injury claims and ludicrous claim will be

paid by the insurance company. Protecting your defense rights can save you

thousands of dollars in legal fees in paying someone’s alleged injuries.

Even if your parking lot accident is minor and the damages

are not significant, call the insurance company and put them on notice. This

will protect you in case the other party makes a claim against you. Remember

that a parking lot accident is the single most disputed accident out there.

Make sure you file a police report, even if that is a walk

in report. This will protect you in case the other person does not have

insurance. Most

Uninsured Property Damage Coverage in the policy makes it a requirement that

you file a police report, this will accomplish that.

It is a great idea to go back to the parking lot and talk

to the business owners (or managers). Many parking lots in America have

surveillance cameras and it is likely that the accident was caught in tape. This

will be the single most important piece of evidence. Should your adjuster get

that? Yeah, she should. But that does not mean that she will. Unfortunately

there are many adjusters that will only take a recorded statement and call it an

investigation.

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We live in a highly competitive world where highly paid executives and business persons gain access to corporate trade information and knowledge, customer lists and other proprietary information. Unlike prior times, these executives and other employees are highly mobile, moving between companies and jobs, even between competitors. Michigan courts and the Michigan legislature ave recently tried to deal with the realities of our 21rst century marketplace in dealing with the enforceability of non-compete agreements.

In Michigan, the validity of non-compete agreements is governed by section 4a of the Michigan Antitrust Reform Act, a statute passed by the Legislature in 1987, as well as the many cases interpreting that statute. Together, the statute and the case law set forth the parameters defining those agreements that are enforceable and those that are not. The statute seeks to strike a compromise between the protection of an employer’s competitive business interests and an employee’s right to earn a living. As such, courts interpreting non-compete agreements focus their analysis in four areas:

The agreement must protect a company’s reasonable competitive business interest. Among the factors in determining whether the agreement protects a reasonable competitive business interest are the employee’s position in the company, compensation paid to that employee and the level and amount of specific competitive information acquired during employment, which may include such areas as trade secrets or special training conferred on the employee.
The agreement must be reasonable as to the length of time the employee is prohibited from working in the line of business. Again, each case is ‘fact sepcific’ and numerous factors are analyzed in determine what is a reasonable length fort non-compete contract.
The agreement must be reasonable as to the geographic area the employer seeks to prevent the employee from working in. While the employee’s immediate area of employment would most likely be upheld as a reasonable territorial restriction, wider restrictions require a greater showing that the agreement seeks to protect the employer’s reasonable competitive business interest.
The agreement’s restrictions on the type of employment or line of business must be reasonable. Courts will look less favorably on deliberately vague, over-reaching or “blanket” agreements.

Enforcement of Non-Compete Contracts Michigan courts have enforced and will enforce well-drafted agreements on a case-by-case basis, with remedies that include the issuing of restraining orders or injunctions and the awarding of monetary damages. It is important to note that even if one condition of a non-compete agreement is deemed unenforceable, the remainder of the agreement may be valid and enforceable. Businesses of all types, especially those with multi-state operations, must understand that the rules for non-compete agreements vary from state to state. What’s enforceable in Michigan may not be in one of our neighbor states. Moreover, employers should not delay in acting on known breaches of a non-compete agreement. The longer an employer delays between the discovery of unlawful competition and pursuit of a legal remedy, the weaker becomes the employer’s request for injunctive relief.

Like any contract, non-compete agreements define the expectations of each party and are subject to negotiations, depending upon the bargaining strength of the parties. Employers should have legal counsel help draft these agreements to ensure that they meet the employer’s expectations and are enforceable. Employees, on the other hand, should review such agreements carefully to ensure that they understand the restrictions on future employment should they ever leave the company.

Also, be sure to remind those leaving your company of their legal obligations during any exit interview. In this way, employers will strike a favorable, yet serious business tone, while best ensuring that any non-compete agreement can be enforced, should the need arise. I threat letter for any alleged violation is usually the first step to ensure the parties abide by non-compete terms and avoid litigation.

Dallas Mesothelioma Attorneys

SNOW & ICE INJURIES

Winter time inevitably causes people to slip on snow and ice. They don’t wear the right shoes or boots, the driveway wasn’t plowed and the street wasn’t sanded. If you fall and injure yourself while slipping on snow or ice, can you be compensated (get money) for your injuries?

The short answer is maybe. In any snow and ice case we look to see what the condition was like at the time you fell. If it was the middle of a blizzard and nobody had time to clear the parking lot in the middle of the night, it’s not looking good to be able to prove that the owner of the property should have taken steps to clear the lot of snow and ice. The key to proving liability in a snow and ice case is whether the owner of the property knew of a dangerous condition and failed to timely act to correct it. This is called ‘notice’. If the owner didn’t know about a dangerous condition, how can he be held responsible for your injuries? He won’t be. But, what if the icy condition existed for a few days or weeks? Everybody who lived nearby always saw the ice and nobody ever salted or sanded the ice. In that situation we would argue that the owner of the property knew, or should have known, that there was a dangerous and icy condition on his property.

What if someone actually tells the owner of the property about an icy area of his lot and he doesn’t do anything to fix the problem? Well, as long as nobody gets hurt, he’s avoided a lawsuit. However, if someone does get injured at that location, after someone has specifically notified him of a dangerous condition, and he fails to correct the danger, then in all probability he will be held responsible for failing to prevent injuries at that location.

Sometimes, the owner hires a snow removal company (a snow plow) to plow the driveway, street, sidewalk or parking lot. In some cases, these snow plow companies don’t do a good job and leave piles of snow in areas where they will melt, re-freeze, and then create sheets of ice throughout the property. If the snow plow or property owner knew that putting all that snow at the top of the hill wasn’t a good location, there are some cases where the owner or snow plow operator will be held responsible for your injuries.

If you fall and are injured during the winter months it is very important that you do three things:

(1) Look around to see what you slipped on. Take a mental note about the conditions where you fell and the surrounding conditions.

(2) When possible, get photographs of the condition as soon as possible after you fell. This will preserve evidence of what the area looked like when you fell. Make sure you take at least an entire roll of film, from all different angles. Don’t just take a picture of the ice. Look for a street sign, a building, and an address that can also get in the picture. This way you can positively identify the location where you fell, at a later date. If you use a digital camera do not ever make any changes or alterations to your photos when you provide them to your attorney.

(3) If you don’t go to the hospital or a doctor immediately, you should report your accident to the owner of the property to put them on notice of your accident.

Injuries from slipping on ice or snow can be very serious and can include broken bones and the need for surgery. Take time to think whether this could have been prevented. Or was your fall simple carelessness that could have been prevented if you were paying attention to where you were walking? The answer is sometimes difficult to answer. That’s why an experienced injury attorney can help guide you and advise you about your legal rights. The longer you wait to speak to an attorney, the greater chance you have of forgetting important information that could help you in a potential case.

The best advice is to be careful while outside and to make sure you’re wearing the right winter gear. But even that doesn’t always prevent an injury.

Ice skating injuries – They happen. It’s a fact. Even to experienced skaters. You will always see big signs posted at every entrance to every skating rink in New York that ice skating is a dangerous sport. The warning will say that you “Skate at your own risk.” That is the same as saying buyer beware!

We know that many sports are inherently dangerous, yet millions of people aren’t going to stop participating in dangerous sports just because of the obvious dangers. Just the other day, Newsday reported on a tragedy involving a 15 year old girl who died while snowtubing at Killington Ski Resort in Vermont. Importantly, this girl and her teenage friends were on a skiing slope that had already closed for the day. The incident happened at 7:00 p.m., and the key fact here is that the slopes closed at 4:00 p.m. There were signs posted all across the ski resort that slopes were off limits after 4:00 p.m. because of snowmaking and snow grooming activities. Also, there was no snowtubing allowed on any ski slope.

What happened? The girl could not control the snowtube and went off the trail, tragically causing her death. Is the resort responsible for her untimely death? In all likelihood the answer is no. She engaged in a dangerous activity, in a prohibited and restricted area. The snowtube is uncontrollable- which is what makes it so much fun. However, snowtubes are typically used in special areas or chutes designed to keep the tubes in a runway style area, so that there is no way to run off a trail.

Many people have tried to sue skating rinks and ski resorts for injuries they suffered while engaging in these fun filled but dangerous activities. Most have failed. On occasion there have been successes, but those are the exceptions. Where you actively choose to engage in a dangerous activity and disregard the hazards and dangers associated with that activity (rock climbing, water skiing, sky diving), you run the risk of injury and the chance that you will not be able to bring a successful lawsuit for your injuries. But remember, every case is different. Let an experienced injury attorney evaluate your own case.

Be careful out there this winter, and have fun while you can.

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