What Do I Do When....???
People and companies get into jams all the time. This page is intended to help you deal with those situations until you can talk with me or another qualified attorney. In every case, DO NOT SAY ANYTHING AND CALL ME!
A Claim is Presented, AKA I've Been Sued!
- CALL ME The sooner I know about any claim the sooner we can get it resolved.
- GATHER THE FACTS What is the claim based on? Are there any documents attached to the claim? Do you have any documents that address the claim? What time frames are involved?
- KEEP YOUR MOUTH SHUT! I cannot tell you how often I have advised clients to keep their mouths shut and yet how often they go ahead and spill their guts. That is not a good thing to do! Please! For your own sake, do not say anything.
Been In An Accident
- BE CALM The natural reaction is to be upset. Try to be as calm as you can while gathering as many facts as you can.
- TAKE PICTURES Most people have a cell phone with a camera. Use it! Take lots of pictures.
- DO NOT MOVE YOUR VEHICLE Leave it right where it is and wait for the police. If it is absolutely necessary to move your car, use something to mark the spot where it was at the time of the accident.
- CHECK FOR AND TREAT INJURIES Colorado and most states have a "good samaritan" rule that allows you to help an injured person. Avoid moving them, let someone else administer first aid if possible, and call for an ambulance.
- GATHER THE FACTS Colorado law requires you to exchange insurance and driver's license information with the other party(ies). Get the names and contact information of any witnesses. What are the weather conditions? Was there a traffic camera?
- CALL THE POLICE The police will prepare an accident report that will be important in the future. It could be used in criminal or civil proceedings or both.
- TALK WITH YOUR ATTORNEY AND REPORT THE ACCIDENT TO YOUR INSURANCE COMPANY. Don't do this the other way around. Talk with your attorney BEFORE making any statements. To anyone! That includes your insurance company.
- DON'T MAKE UNNECESSARY STATEMENTS!! You may say something at the time of the accident that could be misinterpreted. For example, you may mistakenly think you are responsible or "at fault." NEVER say that. Even if the police officer asks you point blank. "Fault" is a legal term and not an emotional reaction to feeling bad about the accident. Call me or your regular attorney. We can advise you on how to handle the situation correctly.
Drunk Driving
DUI (Driving Under The Influence) and DWAI (Driving While Ability Impaired) charges can affect you far more seriously than you may know. I do not handle these kinds of cases and will always refer you to another qualified attorney who specializes in these kinds of cases. Nevertheless, there is general guidance I will offer:
- Do not assume that just because you were arrested means you will be convicted.
- Do not volunteer information, such as answering the question "how much have you had to drink?"
- Do not agree to perform roadside tests.
- Do not agree to have your eyes tested.
- Do not agree to a breath test. Choose a blood test and make sure your request was noted. Colorado implied consent may apply if you are not really clear about your choice. See C.R.S. 42-4-1301-1
- Be polite (never combative) and produce requested documents.
- Do not represent yourself. Hire an experienced attorney and do not hire that attorney based on what they cost.
- Carry your attorney's business card in your car and wallet. You may need to be bailed out of jail.
- Go to the Motor Vehicle Division within seven days of your license revocation to preserve your right to drive and request a hearing. Check the box requesting the officer be present at the hearing.
- Return to the location when you can and take lots of pictures.
Let me elaborate a little on answering the question about drinking. If you answer even one drink, you have automatically admitted to driving while impaired, can be taken immediately to jail, and will have seriously damaged your defense in court. You have the right under the 5th Amendment to not say anything incriminating. Simply say that your attorney has advised you to NEVER answer that question. If the police ask the question, you ARE the subject of a DUI/DWAI investigation. Don't answer yes or no, don't follow up by saying "...and anyway no" or "just a little." It does not matter if you were drinking or not. Just state your attorney's instruction and leave it at that.
You can print out a Car Card to help you remember.
One final word. Don't drink and drive!
Family Member Dies
This is typically a very emotional time for family members. There will be many legal steps that survivors will need to take and I know what you will need to do. Taking care of business will help soften your grieving.
I recommend downloading the form What To Do When Someone Dies - A Checklist from my library. Another excellent resource is the Colorado Bar Association brochure.
Police Come Knocking
What do you do when the police show up at your door? Maybe they just want to ask questions. Maybe they have a warrant. In any case, CALL ME!