Honolulu Personal Injury Lawyer - Automobile Accidents

How Does An Injured Person Describe Their Injury To Doctors, Lawyers and Their Family?(2)

Wayne Parsons — Thu, 22 Oct 2009 03:45:54 GMT

After an injury the first thing a person hears is usually: "Are you hurt?" Describe your injury."

The other driver will often ask. The police officer at the scene. The ambulance drivers will ask. The nurse at the emergency room will write it down. The doctor. The first question from any attorney you call will be how badly you are hurt. Your wife or husband will ask as soon as you talk to them. The insurance adjuster after you notify your insurance company will want to know. The other driver's insurance adjuster will ask. Nothing about you is more important in a case that may end up as a claim and maybe be headed to court.

No question gets asked more often and by more people.

No question gets answered more poorly than this one. So lets take a look at the question and lay down some rules that will help.

As in my earlier article on What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 where I tell you how to answer any question, I will give you here a detailed way to properly answer a question about your injury and your health.

1. Identify the place that hurts or is numb or is injured. For instance: "I notice something in my right lower back, next to the spin just above my belt." Or, I feel pain in the back of my head at the base of the skull."

2. Describe the sensation. For instance: "the pain is a dull ache that throbs and goes away and then comes back," or "my lower back is like knot of burning pain, like a huge muscle cramp in an area about 6-inches in diameter and it radiates into both buttocks and then goes down the right leg all of the way to my foot. The pain is burning and achy all at the same time. In the leg I feel like hot lava is running down to my foot through my leg". Be aware that pain can be "burning", "shooting", "aching", "numb", "stabbing", "dull", "like an electric shock" or "Sharp". You may find words that are better than the ones I am suggesting here.

3. Describe the duration. For instance, "I get this pain for about 15 minutes and then it lessens. It will come back 4 or 5 times a day. I have 4 or 5 periods of this pain each 24 hour day. In between I am uncomfortable and although I can feel the pain, it is at a 3 on a 10 point scale as opposed to an 8 on a scale of 10 when the pain is greatest." Think about a 24-hour period and take some notes about what you were doing and how your injury feels. This may be very helpful to your doctor and attorney. Then expand to a week and identify what days the injury was bothering you and how it affected you. Then take 3 months and then a year. You get the picture. Create a graphic pain history. You can use a calendar.

4. Think about Triggers. For instance, "I get the spasm in my back when I sit or stand for more than about 20 minutes. Also if I do anything strenuous like cleaning my apartment, it sets off a huge flare up of the pain. This is very important to your doctors and it should be important to you. The goal is to reduce your pain and suffering, so don't do things that makes it worse.

5. Don't guess. if you aren't sure about a question don't answer. Ask for more time or to have the question clarified. You can't do this forever so do your homework as i describe it here and get ready to answer properly.

6. Don't be a doctor. Nothing looks worse than a smart aleck patient using medical school terms. The doctor will explain the medical issues. All you need to to do is to describe how you feel.

7. Keep a list of areas that hurt or are numb. That will lessen the chances of you forgetting one and then the insurance company calling you a liar.

8. Defer to your doctors. They went to medical school. You didn't. When asked what your diagnosis is, tell the questioner that they should get that directly from the doctors and then proceed to tell them how it (you) feel.

9. Ask questions. This is a good time to find out the insurance company's attitude about you. Take notes.

10. Read the other articles in this series by serious Injury Board attorneys across the country:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

These Injury Board affiliated attorneys have done a great service by collecting articles on the beginning phases of getting hurt and trying to find an attorney and dealing with doctors and insurance companies.

Originally posted at InjuryBoard by Wayne Parsons

Benjamin Makekau and Ikaikakane Makekau Victims of Fatal Kalanianaole Crash

Wayne Parsons — Mon, 19 Oct 2009 05:02:36 GMT

The car left the road and went airborne and crashed into a tree and the roof of the Oceanic Institute building. The occupants, Benjamin Makekau, 20, and his brother Ikaikakane Makekau (19) were dead at the scene of this violent car crash according to a KHNL News reporter Duane Shimogawa.

The incident happened on the Waimanalo side of the the Makapu'u lighthouse on a bad stretch of roadway. Police aren't sure what happened because no one has come forward to tell what led up to the deaths. Rumor has it that the Makekau car may have been racing another car. People in the area of the crash say that they heard arguing and voices at the scene of the crash. Another suspicious circumstance is that the police were not called for 45 minutes.

Someone knows what happened and they let the police know. If you know something please call the police or contact me. The KHNL report states:

Police say the driver may have been racing another car, when he lost control around a curve near the Makapuu Lighthouse on Kalanianaole Highway, Sunday.

Investigators say the 20-year-old Makekau is from Waimanalo. His brother is from Kona. They were in the car that hit an embankment which launched them into the air.

The car then crashed upside down into an Oceanic Institute building after hitting a tree and a fence.

The TV news includes a clip Keoni Limahai, who sees the dangers of this stretch of Kalanianaole Highway:

"We have lots of accidents on this roadway right here, it's a pretty busy road," he said.

"The one where they had the Gotcha Pro, had this one driver that had get into one accident, right in the same area and I think three of the people died in his car, he lived," he said.

"I think actually if they widen the road, move, so that you would have more leeway if you get off the road, you could go off a little big, instead of going in the bushes or trees," Limahai said.

The accident happened at around 2 a.m., Sunday. Police say the car veered off the road and launched into the air, crashing into the roof of the Oceanic Institute building.

We agree with Limahai who aptly points out that the real loss will be felt by the families of those who died.

"I just sorry to hear, sorry about for them families, that they lost their loved ones, but you know, you just gotta drive safe man," he said.

Police are still investigating if drugs or alcohol were factors in this crash. If you have any information about this incident, call police.

Originally posted at InjuryBoard by Wayne Parsons

Sara Sutton Dies In Single Car Crash In Hilo

Wayne Parsons — Fri, 16 Oct 2009 13:07:04 GMT

Speed and alcohol may have been involved in the tragic death of Sara Sutton, an 18-year-old Big Island resident.

According to KITV News

"Police found the crashed 2000 Honda two-door sedan against a macadamia nut tree at about 8:30 a.m. on Wednesday. The car crashed some time between 6 p.m. Tuesday and when the car was found, police said.

It appears Sutton's car ran off the side of Maikalani Drive near Amauulu Street in Hilo before hitting the tree.

View Larger Map

Sara was taken to Hilo Medical Center, where she was pronounced dead at 10:22 a.m.

An autopsy has been done to find the cause of death, and police want people with information about Sutton's activities Tuesday evening to call the department's non-emergency line at 935-3322. When alcohol is involved in a serious accident the police often want to see if the person was illegally served by a liquor establishment.

Originally posted at InjuryBoard by Wayne Parsons

Three Young Men Die in Waihee Single Car Car Crash

Wayne Parsons — Sat, 10 Oct 2009 11:58:28 GMT

A Maui family struggles to cope with the triple loss of two brothers and their cousin accoirding to a report from the Star Bulletin by Wendy Osher on 07 October 2009.

The two brothers and their cousin died when their car crashed against a tree and rolled over in Waihee on September 30th. They will be buried side by side this weekend at a small cemetery in Keanae, Maui.

COURTESY KANA AND NATHAM FAMILIES

Tyson Latham, left, his cousin Na'ilima Kana, in front of him, and Na'ilima's brother Jared Kalamaku Kana were great young men with promising lives and many loving friends and family. Na'ilima, the driver, died at the scene; his brother and cousin died within a few days.

According to the Star Bulletin story, their families say that although they lived in Central Maui, they remained rooted in their Hawaiian culture and their ancestral ties to the rural taro farming community of Keanae in East Maui.

"For our family it is devastating," said cousin Oralani Koa. "The hardest part is they are all so young, they were all good boys, they were all raised right and they were all very respectful. And all three never really knew the impact they had on so many people," she said.

The young men had gone out to dinner Wednesday night at the Asian Cuisine restaurant in Kahului, where they often went for discount sushi. On their way home to the Kana residence in Waihee, their vehicle swerved out of control and overturned, coming to rest against a tree on Kahekili Highway. The accident occurred shortly after 10:30 p.m., just one driveway away from their intended destination. None was wearing a seat belt, according to police.

"Passing that spot every day is a constant reminder of their loss," said Latham's aunt Liliana Koa. "It's still very hard for the family to talk about."

Although police think that speed was a factor in the crash the boys were responsible and not reckless. The testimonials show that Maui has suffered a tragic loss:

"They wouldn't drive recklessly or crazy," said Ashley Rosa, Latham's cousin and classmate. "It shocks me that it happened. I've always trusted them and never felt like my life was in danger when I was with them."

The two older boys "were like two peas in a pod," said Veralyn "Sissy" Frame of her son Tyson and his cousin Na'ilima. "They fought yet they loved and agreed to disagree because they were alike in so many ways."

"They were always trying to get the last word in," said Rosa. "If Tyson said, 'Oh, my God,' Na'ilima would come back and say, 'My God,' too."

They were also both conscientious and caring when it came to family, Rosa said. "They wouldn't just drop me off. They would get out of their car and walk me to the front door to make sure I was safely inside before leaving," she added.

"They never knew that by doing those kinds of things, they would touch so many people," said Koa.

Na'ilima Kana, who was driving the car, a 2004 Mazda sedan, died at the scene. He was a Kamehameha Schools Maui graduate and worked as an editor at AKAKU: Maui Community Television.

Jay April, AKAKU president and chief executive officer, called him "a bright light" with a "winning smile and dancing eyes."

"We always appreciated his soft, gentle reminders on how to pronounce Hawaiian words correctly, and his enormous talent as an editor of our Maui Daily program far exceeded his years," April said on the station's Web site.

"He was very responsible, always on time, very akamai (smart), independent, organized and a very good father," said Leinani Kana, Na'ilima's mother.

Na'ilima is survived by a 1-year-old daughter, Kahali'aoku'uhaola Emma Kana-Yarborough, who celebrated her birthday just one week before the accident. Her first name is translated as "the remembrance of my everlasting breath."

Na'ilima's younger brother, Kalamaku, who was in the back seat, survived four days in critical condition before dying on Sunday.

"Kalamaku was a simple person who didn't ask for much and was content with what he had," said his mom.

From working the taro patches to playing his acoustic bass guitar and strategizing at card games, Kalamaku was a hands-on person with a good sense of humor, his family says.

"From the bottom up, he helped build our home," said his father, Jacob Kana. "That's why it's so hard, because he's everywhere."

The Kana brothers had gone to Hawaiian immersion school through the eighth grade, but Kalamaku continued the cultural program through high school and was expected to graduate in the spring as one of 10 members of the 10th Kula Kaiapuni o Maui graduating class at King Kekaulike High School.

Since Wednesday, friends and family have been visiting the hospital and the homes of the two families, offering support and comfort. "They cook for us, pray for us; without them we cannot go through this," said Latham.

Tyson Latham is also survived by older sister Jana Frame of Hana and grandparents Ora Souza Latham and Verlin "Bill" and Kiele Ka'auamo Frame.

Services for the Kana brothers and Latham will be held Friday at St. Anthony Church in Wailuku. Visitation is from 3 to 9 p.m. with a service at 6:30 p.m. A separate viewing will be held from 9 a.m. to 12:30 p.m. Saturday at the Camp Keanae YMCA gym, with burial to follow at St. Gabriel Church cemetery in Keanae.

Originally posted at InjuryBoard by Wayne Parsons

Maui Mournes Loss Of "Na'i" Kana, "Tuku" Kana and Tyson Latham

Wayne Parsons — Sat, 10 Oct 2009 11:43:54 GMT

In a story today in the Maui News, "Young men mourned by community" a tribute to the three young men is cause for all of us to pause and bow our heads. The three are 20-year-old Na'ilimakuwai'oleokekulamehamehaokaluna'iu'iuokeahua "Na'i" Kana; his 17-year-old brother, Kalamakuokana'auao "Tuku" Kana, both of Waihee; and their cousin, 20-year-old Tyson Latham of Wailuku. Th crash occurred on Kahekili Highway on 30 September.

KANA FAMILY photo courtesy of the Maui News

Na‘ilima Kana poses with his 1-year-old daughter, Kaha-li‘aoku‘uhaola Kana-Yarborough. Kana was 20.

St. Anthony Church holds services for the three in the Keanae YMCA gym. Burial will follow at the St. Gabriel's Church Cemetery. The Maui News story shows the loving nature of the family and highlights the devastating loss.

"I don't know what words to express our heartfelt sympathy to such a loving family," said Kapono'ai Molitau, co-kumu hula of Na Hanona Kulike 'O Pi'ilani, where the Kana brothers' younger sister was a student.

Molitau said the brothers sometimes picked up their sister from hula practice.

"They were very respectful kids," he said. "They would always make sure they would say aloha. If they're anything like their parents or anything like their sister, they're very respectful gentlemen and very loving.

"It's just too soon. They were just getting started in their adult life."

Latham worked in the county Aquatics Division as a summer lifeguard where he was remembered as "respectful, kindhearted and fun" by Fran Yamamoto, an Aquatics Division official. Latham had been talking about going to college.

"They just remember him to be just a great guy to work with," Yamamoto said.

The single car crash occurred on Kahekili Highway north of Wilipohaku Street in Waihee.

Na'i Kana was driving a 2004 Mazda sedan headed north when he lost control of the car. The vehicle crossed the centerline before returning to the northbound lane and continuing off the highway, hitting an embankment, where it overturned and came to rest against a tree, police said.

Lei, ti leaves and candles have been placed at the crash site on Kahekili Highway. According to the maui News:

Na'i Kana worked at Akaku: Maui Community Television, editing the Maui Daily weekly news program. His brother, Tuku, also known as "Kalamaku," was a senior in the Hawaiian language immersion program at King Kekaulike High School. Susan Scofield, principal at King Kekaulike High School, remembered Kalamaku:

"We are all very sad he didn't have that opportunity to fulfill his dreams," she said. "It's pretty sad when a young person goes so early."

School counselors, behavioral health specialists, and Maui Police Department chaplains and crisis workers are helping friends and all students with counseling sessions. Counselors remained available to students through the end of the week, she said. Tuku Kana was still alive in critical condition at the time.

In the Maui News story Scofield said she appreciated the support extended to the school, especially by police.

"They are really angels to us," she said.

Both Na'i and Tuku Kana started their Hawaiian language immersion education at Punana Leo O Maui preschool. Na'i continued in the Hawaiian immersion program until his freshman year of high school, when he was accepted into Kamehameha Schools Maui.

Henohea Kane, lead teacher for Kula Kaiapuni 'o Kekaulike, the Hawaiian language immersion program at King Kekaulike High School, knew both brothers from the time they were young children.

The program is like a family, she said. "To lose two Kaiapuni students whose mother was a Kaiapuni teacher for many, many years is really difficult," she said by e-mail.

"What I remember most about Na'i is his heart that showed in his personality and in his smile," Kane said. "Na'ilima was warm, sweet and very respectful. He was definitely someone who could light up a room when he walked in. Always smiling, always considerate of others, I always saw his mother in his 'ano (personality) every time I was around him, such a nurturing kanaka Hawai'i (Hawaiian man)."

She said Kalamaku, a student at Kula Kaiapuni 'o Kekaulike, was set to graduate in May.

"Kalamaku enjoyed life, he was a very talented singer, such a beautiful and soulful voice!" she said.

Hulali Canha, a classmate and friend of Na'i, remembered his involvement in many school activities at Kamehameha Schools Maui. He played volleyball as a freshman and sophomore, served as sophomore class representative, junior class president and senior class vice president.

Na'i enjoyed working in media, graphic design and video production and helped with the school newspaper and production team, Canha said.

"Everything he did, he did with a passion," she said. "He had so much fun doing what he did while making lifelong friends and memories along the way. His easygoing, fun-loving energy and his smile were contagious."

Friends also said the brothers had a passion for Hawaiian culture and enjoyed working in the loi, or taro patch.

Yamamoto said Latham had just started working as a summer lifeguard in September and worked at various pools on Maui.

"He left a wonderful impression on the public as well as his co-workers," she said.

I have written two articles on this tragedy. The losses will be remembered. These young men will not be forgotten.

Originally posted at InjuryBoard by Wayne Parsons

Propane Tanker Truck Rolls Over On Malakole Street In Campbell Industrial Park - Driver Hurt.

Wayne Parsons — Sat, 10 Oct 2009 10:04:33 GMT

Yesterday I blogged about a KITV News story about a gas comapny propane truck mysteriously turning over in Campbell Industrial Park. Initial reports didn't make sense. Neither did my article. Now I have

The propane truck, owned by the Gas Company, and shown above, collided with a dump truck and overturned. The dump truck was exiting an asphalt company on Malakole Street near Hanua Street at about 1:15 p.m., said Honolulu fire Capt. Terry Seelig. Firefighters sealed off the area and confirmed no propane was released.

Seelig said the propane truck driver was treated for injuries that were not critical. He added that a wrecker company righted the propane truck, and the road was reopened.

View Larger Map

Paramedics treated the driver and took him to a nearby hospital for further medical care.

Four Campbell Industrial Park businesses were evacuated yesterday after the 1:15 p.m. incident, said Honolulu fire Capt. Terry Seelig. Firefighters isolated the area and confirmed no propane was released. The Gas Company employee driving the propane truck wass treated for injuries that were not critical.

If you know more about this incident please contact my office.

Originally posted at InjuryBoard by Wayne Parsons

Car Hits 2 Kids On Liliha Street - Did You See It?

Wayne Parsons — Fri, 09 Oct 2009 04:58:24 GMT

Parents always worry about this call: "your son and daughter are at the hospital after being hit by a car". That is what happened this morning according to the Star Bulletin report.

Two young pre-teen children were taken to the hospital in serious condition after being struck by a car in Liliha this morning. The incident happened near 1739 Liliha Street shortly before 8 a.m. On October 8th.

A representative of the Emergency Services Department, Bryan Cheplic, said that paramedics were able to stabilize both kids and then transported them to a trauma center

We pray that the kids are okay and that the police will figure out how it happened.

No one should interview the kids other than the police and the doctors and nurses. If an insurance adjuster calls, the family should read this article before allowing any interviews or statements:

Do only dishonest people refuse to give a recorded statement? - Steve Lombardi, October 06, 2009.

In most automobile accident cases, key witnesses disappear and never tell the police what they saw or heard. If you saw this accident please call HPD and tell the police what you saw.

Do you understand why people won't talk to the police about injury accidents?

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Pedestrian Crosswalk Injuries: Should Mid-Block Crosswalks Be Eliminated

Wayne Parsons — Wed, 07 Oct 2009 03:30:25 GMT

A jury trial is beginning on 07 October 2009 against the City & County of Honolulu involving a pedestrian injured by a car at a mid-block crosswalk. We have had a rash of crosswalk injury and dietary cases on Oahu going back 10 years. I have written many articles the subject trying to raise public awareness and perhaps get ideas that will prevent pedestrian injury and death at crosswalks.

Mid-block crosswalks are dangerous. I represent a lady who was struck full force at a King Street crosswalk by an elderly driver. It was mid-day, bright and dry. Why do these terrible collisions happen? Hood to hip. The pedestrian always loses.

Here is what the traffic engineering safety experts have to say about mid-block cross walks:

It has been argued that providing signs and markings at crossing locations gives pedestrians a false sense of security.

Transportation Research Board

National authorities recommend against their use at all:

The traditional consensus among traffic engineers is that at-grade mid-block crosswalks are typically undesirable. However, both pedestrian walking behaviors and public demand can create pressures for the installation of a mid-block pedestrian crossing. Grade separated pedestrian crossings, can be costly and are often under utilized after construction.

According to Walking Info studies using National Highway Traffic Safety Administration methods in the early 1970s, and improved in the early 1990s, was refined and used to determine the crash types for more than 5,000 pedestrian crashes in six states.

The results showed that the mid-block events were the second major grouping of crash types and accounted for 26.5 percent of all crashes. Among this group, the most commonly crash type (1/3 of all) was the “mid-block dash” where a pedestrian would run into the street and the motorist’s view was not obstructed. Another 17 percent of these crashes were “dart-outs,” where the pedestrian ran or walked into the street, but the motorist’s view was obstructed until just before the impact.

According to “Law Enforcement, Pedestrian Safety, and Driver Compliance with Crosswalk Laws,” Transportation Research Record 1485.

Although not targeted solely at mid-block crossings, a Seattle study found enforcement was rather ineffective in getting vehicles to stop for pedestrians.

Those are the conclusions, and here are some engineering facts that explain the problem as an engineer sees it:

Even when a mid-block crosswalk is noticed by the driver, proper visual scanning of the crosswalk requires the driver to check both ends of the crosswalk for pedestrians about to cross the road. Even assuming very short glances, on the order of 1 second to each side of the crosswalk and a half second glance back to forward traffic in between, at 11 m/s (25 mph), the vehicle would travel 27 m while the driver was scanning the crosswalk, and it would need another 9-12 m of distance under modest to hard braking to stop the vehicle should a pedestrian be spotted. This means that the driver would theoretically need to notice the mid-block crosswalk 38 m (124 ft) before reaching it, and have a clear view of both sides of crosswalk from that distance to effectively scan for pedestrians. With parked cars blocking the view and in high pedestrian areas, this becomes even more challenging, as the driver needs to pick out pedestrians waiting or headed toward the crosswalk from those walking past the crosswalk on the sidewalk.

Fortunately, mid-block crosswalks provide for the easiest countermeasures such as in-pavement LED systems (IRWL) to highlight the existence of a mid-block crosswalk and pedestrian. Since all the vehicles on the road need to stop, simply illuminating the crosswalk using one of the pedestrian activated in-pavement LED systems has been shown to dramatically increase the visibility of the mid-block crosswalk and the likelihood that drivers will stop for pedestrians (Hakkert, Gitelman, and Ben-Shabat, 2002).

Pedestrian Warning Human Factors Considerations - Christopher Nowakowski

December 2005

My prior articles provide background on the problem in Hawaii. The Hawaii Pedestrian Crosswalk Safety Chronicles: Innovative Solution for Crosswalk Safety - by Wayne Parsons

In the future, cars will carry a warning system that includes forward collision warning, side collision warning, navigation, stopped traffic warnings, and intersection/pedestrian warnings. One topic for future research is how to format these new ITS messages and warnings. Last-second warnings are most effective when they direct what action should be taken.

Thus, for a mid-block crosswalk with a pedestrian present, the most effective warning would be simply “stop” because this tells the driver exactly what needs to be done, but it does not necessarily tell the driver why. However, in order to use this type of warning, the false alarm rate must be extremely low or the warnings will be considered a nuisance and disregarded. When more uncertainty exists and the warnings are able to be given sooner, then the warning format may focus on highlighting the threat.

One advantage of in-vehicle warnings is the potential to use sound. Sound is processed no matter where the driver is looking, but since the driver can’t tune them out, they should be used sparingly. A Driver would be overloaded by beeping and buzzing at every intersection.

Research continues on th subject but as for today should the mid-block crosswalks on Oahu be eliminated? What do you say?

Originally posted at InjuryBoard by Wayne Parsons

Carlisle's Complaint: Hawaii Supreme Court Ruling Makes It Tougher to Ticket Speeding Drivers

Wayne Parsons — Mon, 05 Oct 2009 05:06:37 GMT

I hope you like the catchy title. I could have used Portnoy's Complaint _ and for Honolulu insiders _ you know that we do have a "Portnoy" who is an attorney like Carlisle and me, "complains" a lot, and who was the President-Elect of the Hawaii State Bar Association the year I was President. But this has nothing to do with Jeff Portnoy and everything to do with the Honolulu Prosecutor Peter Carlisle.

The Honolulu Star Bulletin reported a recent Hawaii Supreme Court decision will make it harder (and I am sure, more expensive) for the police to ticket speeding drivers.

Honolulu Prosecutor Peter Carlisle says a state Supreme Court ruling overturning a man's conviction for excessive speeding "will open up a whole new can of worms."

We all have heard the slogan that speed kills and we all know that Island roads and highways are crowded and filled with ever more futless motorists. Recently I went to look for statistics about speeding and deaths and injury in Hawaii.

Death and Injury On Interstate Highways Increase With Higher Speed Limits

The point of that article was that state lawmakers should know that when speed limits are raised, the death toll climbs. Its a fact. The evidence is clear. So when I read the report about our Prosecuting attorney being upset about speeding motor vehicles I decided to look at this case. The decision says that:

.....it is not enough for a police officer to testify that he conducted test procedures of a laser speed-measuring device before using it to issue tickets. The state also has to provide evidence that the manufacturer recommended those procedures to verify that the device is operating properly.

The issue is calibration of the laser gun. Carlisle calls it the "Law of Rules" and complains that there are too many hoops to jump through, for the police.

The laser guns have manuals that explain how to calibrate the devices. HPD assigned an officer to read the manual, make certain that calibration is done appropriately and then train to properly operate and test the device. So what's the problem with this case?

First, Carlisle fears the added step will invite calls for even more procedures to verify the accuracy of speeds recorded by police officers.

HPD has been using the laser devices since 1996 in thousands of cases and getting convictions.

So what are the facts of this case?

The citation was for traveling 90 mph on the H-1 freeway on 5 September 2007, near the Radford pedestrian overpass. The speed limit on that portion of the freeway is 55 mph.

In the trial the driver's attorney challenged the calibration procedure for the laser gun. A Honolulu district judge ruled "guilty" of excessive speeding, ordered the driver to pay a $650 fine and $137 in fees and to perform 36 hours of community service, and suspended the man's driver's license for 30 days.

A person commits the offense of excessive speeding by operating a vehicle at least 30 mph over the posted speed limit or 80 mph regardless of the speed limit.

I am trying to think about places on Oahu where there is enough straight away to get to 90 mph. Was this guy driving a Porsche?!

Luckily there were no death or injury in this case. So let's look at what appellate do.

Mr. 90 MPH had a trial and lost. The police testified. I am 99.99% certain that Mr. 90 MPH did not testify. His attorney may have told him that the laser gun had him going 90 MPH in a 55 MPH zone and that his only chance was to attack the machine.

When the Hawaii Supreme Court gets an appeal they only ask whether or not the defendant got a fair trial. That means, in this case, did the trial judge make a mistake by hearing the laser gun evidence.

What are the rules?

If an attorney wants to put in evidence of some scientific fact, like "I pointed my calibrated laser gun at Mr. 90 MPH's car and the electronic display said 90 MPH" she would have to prove that the laser gun was working properly. Ww all demand that in our everyday lives. Not with DUI laser guns but with all aspects of our ever-increasingly complex lives.

What do you think?

Originally posted at InjuryBoard by Wayne Parsons

What Do You Need To Know About Testifying?

Wayne Parsons — Sun, 04 Oct 2009 03:44:04 GMT

If you bring a claim for personal injury you will have to answer questions. The one thing your attorney can't do for you in your case is testify for you. At some point the client has to testify. Listening to my clients answer questions in my office, in depositions and at trial, I have learned the mistakes that people make when answering questions.

As you have seen in the other articles in this series, the questions come from the police, sometimes the other party at the scene of the accident, ambulance drivers, doctors, nurses, physical therapists, your attorney and her or his staff, insurance adjusters, the attorney for the other side and even the Judge. To get a good context for the various situations where you will have answer questions, I have listed links to the other articles in the series so you can see how and when these situations will arise.

What you need to know to answer any question in any situation is basically the same. The rules and suggestions that I make here apply to all situations. Before answering a question, even from your own attorney, think about the following suggestions.

You should only say what you know. And when you say what you know it is important that you explain how you got the knowledge. That's it. I could quit now and you should be fine as long as you follow those two steps. Of course it is more complicated than that I will walk you through the exact steps and thought processes that you should follow.

Let's start with an example.

Assume that you were in your car with two passengers, one in the right rear passenger seat, when a car on a cross street ran a red light and T-boned your car on the passenger side on the rear quarter panel. You did not see the car because your attention was focused forward.

Your rear passenger saw the car coming and saw the drivers face looking back into his back seat just before the collision, then looking forward and screaming at the cars collided. You saw him turning his wheel as if he wanted to swerve his car but it was too late.

In my first interview with you I ask you about the collision. You tell the story by reciting the facts that you got from your friend who saw the collision. You tell me:

I was driving at the speed limit and going through the intersection with the green light when a car came through the red light from my right and hit my car at 90 degrees on the rear quarter panel. The other driver was looking into the back seat as he ran the red light. He spun his head around just before impact, tried to swerve his car by turning the wheel but it was too late and we collided.

You get a D+ for this answer. We have a lot of work to do.

First, let me give you the rules of answering questions:

1. Listen to the question. Then stop. What I mean is don't start talking yet. Slow done.

2. Ask yourself: "What do I know about this question. Then stop.

3. You know:

what you see.

what you hear.

what you feel - touch and emotion.

what you think.

4. Stop and gather your thoughts.

5. Answer the question.

You didn't see the other driver or even the car before the collision. So what do you know about what the other driver was doing just before the collision? No, the answer isn't "I know nothing because I couldn't see the driver. You know that after the collision you spoke with your friend and he told you what he saw. What you don't know is whether his account was accurate. So just state what you know. Here's a good answer to the question:

We were headed north and I was going 30 mph. I don't recall when I looked at the speedometer but I normally look at the speedometer often to make sure I'm not speeding. I got ticketed for speeding when I was a kid and my parents busted me. I never speed!

As I approached the intersection I saw the light for my street change from red to green about 100 yards (you went back and took a look at the intersection and drove through a few times to make sure your recollection was correct). I heard no one in my car talking.

As I drove through the intersection. I saw no cars at the intersection. I was about to pass over the crosswalk on the other side when I heard a scream from the back seat of my car and, at about the same time, I heard a short screech of tires from the right rear. Then I felt a huge jolt from the right, felt my neck light up like a very intense shock wave slamming into my body. The cars spun and stopped. I checked my passengers and they said that they were okay.

While we waited for the police and ambulance, my passengers and I talked. The rear seat passenger told me that he saw the collision, saw the other driver looking into the backseat of his car just before the impact, etc. etc. He told me ......

We all talk to fast and think too little when answering questions on serious subjects, Your case is a serious subject.

The major mistake that most witnesses make is not taking the time and using the energy to add in the details about where they got the information about what happened. Adding in "i did not see it" or "my friend told me" is unbelievably important. Why? Because maybe the friend got it wrong. If that happens, and it does, you won't go down because your friend got it wrong. Your testimony is the "I didn't see ......, but my friend told me ..... ."

Always attribute your statements to where you got them

The key to answering questions is to be honest and make sure _ up front _ that the listener knows where you got the information. Remember that you are just a witness and that integrity of the civil justice system demands accurate and truthful answers to all questions. To be accurate, you must focus on what you know.

Its okay to say "I don't know" and most attorneys will advise their clients to phrase that answer as "I don't recall at this time."

This works with spouses and kids and even that conversation with yourself. Be honest. Think about what you know.

For background on all of the things a person needs to know about bringing a case for personal injury read the other articles in this series of tips and practical suggestions about what happens ina real case:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

These articles will prepare anyone for what lies ahead when they are injured or a family member or friend is killed and a claim is being being brought for money damages. Now its your turn to ask questions!

Originally posted at InjuryBoard by Wayne Parsons