Accident Articles

"Sir, do you know why I stopped you today?" It's probably one of the last things any motorist wishes to hear. But if the window tinting on your vehicle exceeds your state's legal limits, it may be exactly what you encounter. It's safe to say that most drivers would wish to avoid being pulled over by an officer and potentially receiving a traffic ticket. If that's your case, it may be advisable to take several minutes to familiarize yourself with the parameters under which window tint laws exist. Let's examine 4 essential components of tint laws you must consider before having film professionally installed on your vehicle:

This is perhaps the most widely known tint law: If your windows exceed state darkness standards, there is a likely chance you'll get cited. It's essential to familiarize yourself with the standard in your home state. Since laws differ across state lines, it's pivotal to investigate the specific standards to which your vehicle will be subjugated. Another item of note is the differing standards for different windows. Let's explain: There's a great chance that your state allows darker film on your rear windows than on the front. For instance (as of Jan 2012), California allows for all darkness levels on rear windows, while restricting front windows to 70% VLT (Visible Light Transmittance). The primary reason for this is to ensure the safety of law enforcement officials during traffic stops. Before tinting your vehicle, do yourself a favor and make sure that the darkness is in-bounds.

Chances are this will not affect you. However, for those who appreciate a mirror-like tint, this is essential. Most states outright prohibit any film that bears any sort of reflectivity. There's a considerable chance that your state is among the list. If it's not, then it's an excellent bet that reflectivity standards are highly restricted. Currently there is no state that allows more reflectivity above 25%. If you are among those who wish to express their vehicle's style in this manner, it's sensible to double-check your state's law: it can save you time and money beyond your imagination. This is a standard that varies by state. For instance, California does not require for window tint film to be certified. Further, the state does not require drivers to install a sticker asserting it's legal designation. However, in Texas, window tint laws mandate that film be certified. Further, in Texas, drivers must have a sticker affixed on the vehicle designating that the film installed is in fact certified. This is something that is pivotal to investigate before tinting your vehicle. If this is required in your state, it is best to ensure that the tinting company you use complies. If not, it may be sensible to use a different company.

In some instances, it may be medically necessary for individuals to install film that is beyond normal legal ranges. If this is the case for you, then you may be eligible for a medical exemption. Before jumping to the assumption, it's best to consult both local law enforcement as well as a medical professional. Even if your case may justifiably warrant an exemption, you will still get cited if it is not cleared by the appropriate authorities. Be sure to exercise your due diligence to this end.

Window tinting can be a highly valuable instrument to any vehicle. On top of providing heat protection and fuel savings, it is an aesthetic preference for many. By taking several minutes to make sure your tint is legally compliant, there is a good chance you will save yourself unwarranted inconvenience and aggravation. Just play by the rules, and you're sure to be fine.

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This article is Part 10, the final installment of The 10 Critical Stages of a Personal Injury Lawsuit.

In the event that you do not reach a settlement during the negotiation stages, you'll appear in court with your lawyer, as will the Defendant(s). Depending on the state, there may also be a jury; if not, your case will be decided by a single judge.

Your shining contribution in a contested personal injury case is your trial testimony. Your personal injury attorney should spend a great deal of time preparing you for trial testimony in your personal injury case.

TIP: The need for your full attention during this trial preparation cannot be emphasized enough. Listen to your attorney's suggestions, and think carefully about how your testimony supports your legal positions in your case. If your attorney tells you to avoid discussing something, don't surprise him or her once you're on the witness stand.

Jury Selection. A trial begins with jury selection. Your attorney may need your full attention during the somewhat tedious process of voir dire, during which the lawyers will question jurors and eliminate some as having potentially negative biases. Your help may be particularly useful, if you are litigating an accident in the locality where you live. Listen closely, to assist your attorney in identifying possible benefits or biases of individual jurors.

Opening Statements. Next, both lawyers will give "opening statements," in which they outline their versions of the facts (which may differ greatly) and their theories of the case. Don't get too excited, when you hear the outrageous tale that the Defendant's attorney will tell during opening statements, but do listen intently. Knowing what the Defendant intends to prove can help you understand what to avoid saying, during your own testimony.

Plaintiff's Case. Following the opening statements, the "proof" phase of your trial begins. Your side goes first, to present witnesses and evidence. Usually, your personal injury attorney will call you to testify first. You will tell your story, then the defense attorney(s) will have opportunities to cross-examine you. Don't let defense lawyers rattle you, and don't let them bully you or trick you into saying something that isn't true. Remember that every question the lawyer asks is leading somewhere. Focus, and try to anticipate the direction.

TIP: On cross-examination, avoid stating opinions and avoid agreeing to the validity of facts that you do not have personal knowledge about.

Defendant's Case. Once all of your witnesses have testified and have been cross-examined, the defense will present its side in the same manner, and your attorney will do the cross-examining.

Plaintiff's Rebuttal. Your attorney may call you or any of the other witnesses back to the stand, to try to disprove any point that the defense might have made during the trial, or to add additional evidence that addresses a new issue that has arisen during the testimony.

Preparation of Jury Instructions. Following the evidence, your attorney will engage in arguments about the language used in the jury instructions, which must reflect the actual evidence and the law. You won't be involved in this phase.

Closing Arguments. Also called "closing statements," closing arguments allow the attorneys to again make arguments about the facts and the law. This time, knowing what the jury instructions will say, your personal injury attorney will attempt to tailor a version of the evidence and make arguments that closely fit the instructions that the jury will receive. The defense attorney(s) will attempt to do the same, urging the jury to believe a totally different version of the facts, which would exonerate the Defendant.

Jury Instructions, Deliberations and Verdict. Once the judge has read the jury instructions to the jury, they are sent to a room to decide your case. At this point, your work is finished. A jury may consider your personal injury case for a few hours or a few days. They may return to the courtroom to ask certain questions about the jury instructions. Often, the questions may give some indication of the direction that they are leaning, but you never really know until they return with a verdict.

The judge will read the jury's verdict silently first, then will read it publicly into the record. You will finally find out whether your hard work in the case has paid off!

Post-Trial Motions and Appeals. Following the verdict, both attorneys may make motions asking the judge to set aside the jury verdict. In the vast majority of cases, these motions will be denied. A judge, and the legal system at large, gives enormous deference to a jury verdict - one of the institutions on which American government is founded.

Even if you win at trial, a Defendant may be able to prevent you from getting your money immediately, by filing an appeal. Appeals can take as long as two or three years. Occasionally, personal injury settlements are obtained during an appeal, but in most cases, you'll have to wait for a result.

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You are sitting behind the driver's wheel in your car at a red light. The light turns green, and you start to accelerate. Out of the corner of your eye, you see a car come barreling through the intersection against the red light. The driver has a phone up to his ear. Before you can stop, the driver hits your car. Your life changes in an instant.

Distractions while driving can be deadly. Remember that you are driving a several ton piece of steel that can change course in an instant. There are multiple ways distraction causes accidents. Here are a dozen of the top ways, with suggestions for how to avoid them.

1. Never text message while driving. You'll be unable to keep your eyes on the road and send coherent messages at the same time. Many states have banned texting while driving. A friend of mine would have run over a pedestrian when she was texting had I not warned her.
2. Avoid making phone calls while driving. The process of talking on the phone uses a different part of the brain than the part needed to respond to stimuli while driving. Let your voice mail answer calls when you drive. If you have to make or receive a call, pull over to the side of the road and put on your emergency flashers. (Pull over as far as you can. Cars sitting on the side of the road have been hit.) Keep the call brief and get back on the road. Attorneys are able to obtain phone records and find out if you were on the phone or texting when the accident occurred.
3. Keep the windows of your car closed in the summer time. Rather than to leave them open, use windshield covers to reduce the buildup of heat. Stinging insects that fly into your open windows can settle onto a warm place, and come to life when you are driving.
4. Resist the urge to turn around to look at children or backseat passengers. Use the rear view mirror to make brief eye contact.
5. Keep pets confined to containers or strapped into carriers. I once made the mistake of following advice that I read somewhere to take a cat to the vet in a pillowcase. Cats can claw through a pillowcase and then roam around the car. They can get between the driver and the accelerator or brake.
6. Keep small children restrained in car seats. One of my colleagues was driving me to a store. His three year old son was not restrained. When the driver hit the brake, his son came flying through the space between the bucket seats. His head would have hit the gear shift if I had not grabbed the back of his shirt. Be very strict about not putting the car into gear unless the children are adequately restrained.
7. Avoid looking at objects alongside the road. Those air filled objects that wave are designed to make you pay attention to them and not the road. Some places have banned their use as too distracting.
8. Follow the "car commander" rule. The rule says that the person behind the wheel is in charge of driving and does not need to be offered directions unless asked for. Any comments from any other person in the car about the driver's performance are to be kept to a minimum. One of my colleagues shared this rule with me; it has cut down driving-related disagreements.
9. Avoid having emotional discussions when driving. This is not the time to dissect differences of opinions, get into arguments, or try to resolve long standing and difficult issues.
10. Do not smoke while driving. Dropping a lit cigarette can cause a fire and a distraction.
11. Many drivers love to listen to music or educational CDs while driving. Avoid changing CDs while the car is in motion. A friend of mine has a daughter who plowed into a row of parked cars while she was changing a CD. Load the CDs onto an Ipod that you can plug into the car's sound system, if possible.
12. Keep a small notepad and pen next to you when you drive. You can easily reach over, place the pad on your lap and jot a few words without ever having to look down.

If you keep in mind the dangers of distraction, you'll drive safer and protect your life and the lives of other drivers.

About the Author:
Pat Iyer MSN RN LNCC is president of Avoid Medical Errors. She has worked with personal injury attorneys for 25 years. Her company offers a free digital magazine to help you stay healthy and become an informed patient. Get details at www.avoidmedicalerrors.com

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