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Arbitration vs. Mediation

Arbitration is evil.  Mediation is good.  Is that clear enough.   In arbitration you are putting your legal issues before a person(s) who charge a bunch of money and make a decision which you can not appeal, which may be wrong, and may not even follow the law.  While it may be the only time you are before that arbitrator the other side may have been before them several times and as arbitrators can be stricken by a party how would you feel knowing that the decision on your case will be made by someone who knows that your opponent will be back in the future and he may never see you again.

Mediation is a voluntary settlement conference where both parties meet with a neutral person in an attempt to come to an agreement.  Neither side can be forced to settle and the mediator does not make a decision which can be forced on you.   If you don’t settle the case in mediation, you can continue on to trial and nothing is allowed to be discussed about the mediation, what was said or done.  It is as if it never happened.  Mediation has about a 85% success rate for settlement.

Nicole Lalime 13 year old killed by drunk driver

A year ago today, December 16, 2008, a drunk driver, Mr. John Winne hit and killed a 13 year Nicole Lalime as she got off her school bus in front of her home. After hitting her he left her in the street and fled the scene.  The world is a sadder place because of someone who decided to drive drunk.  You can help stop drunk driving.   Take the keys or take a cab, but don’t allow drunk driving.

Drunk driver kills 10 year old.

Drunk driver kills mother of 1 year old

Today we settled a case in which a drunk driver killed the mother of a one year old boy. It was her 3rd DUI and she was driving with a suspended license. She is now in prison. If you have a story about a drunk driver, post it here. In the next few weeks I will have some videos, comments, etc. regarding drunk driving and the impact it has on everyone involved.

Drunk driving impacts everyone

Drunk Driving

Fort Bend County– drunk driver rolls over truck severely injuring the passenger; Fort Bend County — drunk driver rear-ends car, injuring other driver and then flees scene; Harris County — drunk driver hits and kills a young girl getting off a school bus; Harris County — drunk driver runs down a family walking in a parking lot; Brazoria County– drunk driver going the wrong way on highways hits and severely injures a young woman. Brazoria County — drunk driver serves into on-coming lane hitting and killing a mother of two small children.

These are all cases we are handling. The families of those injured are devastated by their loss and injuries. What happened to the drunks, some are in prison after multiple DUI arrests, some are out still driving. The insurance companies for the drunks deny the claims or try and minimize the damages. The uninsured or underinsured coverage that those injured by the drunks have paid premiums for years do the same in denying and delaying the claim.  This despite premiums being paid for just this type of event.
If you could talk to these families who have been impacted by drunk drivers they would all tell you that their prayer is that you and your family would not have to go through what they have had to endure. So this Christmas and New Years season it is my hope and prayer that all those driving give a gift to everyone. It is free and actually can save you money and heartache and is simple. If you are drinking don’t drive. If you see someone who shouldn’t be driving give them a ride, or pay for the cab. It can be the best gift you can ever give.

Merry Christmas and Happy New Year

Texting Teen arrested in Sugar Land

A sixteen year old girl was apparently texting when she rear-ended another vehicle stopped at a red light. She then fled the scene, but was caught. The other driver was taken to the hospital. Thanks to Jamie Mock at FortBendNow.com for the story. http://www.fortbendnow.com/2009/11/09/42031

Texting while driving – death and jail time

The New York times is doing a series on the dangers of texting while driving. The story is about a young woman who was sentenced to prison for causing a wreck which killed another young woman. Here is the link:

http://www.nytimes.com/2009/11/02/technology/02texting.html?pagewanted=1&_r=1&src=tptw

Cell phones in School Zone

Texas passed a law which went into effect September 1, 2009 which makes it illegal to use a wireless communication device in a school zone in Texas.  There are some requirements:

There must be a sign at beginning of school zone informing drivers that using a wireless communications device is prohibited and the operator is subject to a fine.

When does the restriction apply?  As the school zones are only in effect during specific hours, the same should apply to the cell phone ban.

Exceptions:

If you are stopped you can use your cell phone in a school zone or if you are using a hands free device.

You know the law, what do you think about it.

One question is does using hands free really make a difference in your attention to make it acceptable to use in a school zone?

Based upon simulator studies conducted at the University of Utah they determined there was no difference in the cognitive distraction between hand-held and hands-free devices.   (National Safety Council)  That being the case why should one be banned and the other allowed.  Should both be banned? What is the harm in not using your cell phone while driving in a school zone?

Does it really make a difference if you are on a call while driving.

Two studies found that drivers who use cell phones are four times more likely to be in a crash while using a cell phone. (1997 New England Journal of Medicine examination of hospital records and 2005 Insurance Institute for Highway Safety study linking crashes to cell phone records).

The issue as I see it is that the risk of hitting a child in a school zone and potentially destroying their life as well as your own (could you really forgive yourself if you hit a kid while talking on a phone) is worth putting the phone away for a few minutes.

Let me know your comments.

Also as a follow up to the last blog about texting while driving, try the interactive test at the new york times site:

http://www.nytimes.com/interactive/2009/07/19/technology/20090719-driving-game.html

Next time cell phone messaging and texting – Drivers under 18

 

Texting while Driving!

Texting while driving can lead not only to injury but death. The idea that it is no big deal, will just take a second, or I am not like all those other idiots and I can drive and check my messages is wrong.   How many times have you seen someone driving while checking their text messages or actually sending a text. If you believe you can do it and still be safe watch these videos.  The reality is that you can end up killing someone and destroying several lives including your own. Take the time and look at the video links below. One is a story about a young man who was texting while driving and the other is a public service campaign It may save you or someone you love from horrible consequences.  http://ut.zerofatalities.com/#texting http://www.youtube.com/watch?v=K5NIE3osZEs