Ask a lawyer: What to do — and not do — after a car crash
Published 6:00 am Tuesday, December 14, 2021
Q: I was in a car accident. I’ve seen ads for lawyers who handle personal-injury cases. How do I know if or when I should hire one?
A. Most personal injury TV ads are cringeworthy. But I was reminded of one recently from years ago. An attorney is sitting at his desk, the camera closes in, and the attorney says, “If insurance companies would just treat people fairly, I’d be out of business.” I think even people who are anti-lawyer and people who think badly of the personal injury compensation system would appreciate that sentiment.
Sometimes during a consultation, I’ll ask what the potential client does for a living and how long they’ve done it. After they tell me, I’ll respond with, “Well, I don’t know anything about that. Would you hire me to do your job?”
Because I’ve got your attention, let me give my free advice for the week.
10 steps to follow after a car crash
1. Do not admit fault at the scene. Statements made at the scene can be used as evidence.
2. The other party’s insurance company could contact you soon after the accident. Do not under any circumstances give a statement to the other party’s insurance company.
3. Seek legal advice early. Accident victims with lawyers generally recover two to three times as much as people who try to deal with an insurance company on their own.
4. File an accident report. State law requires a report be filed if an injury or death occurs or physical damage to a vehicle exceeds $2,500, or any vehicle is towed from the scene.
5. Report the accident to your insurance agent. Your insurance company can refuse to protect you if the accident isn’t reported promptly.
6. Ask your insurance agent about benefits available to you under your own policy. You may have coverage for car repair, rental cars, wage loss or medical bills under your policy.
7. Cooperate with your insurance company. Refusing to cooperate with your company may cause you to lose benefits.
8. Do not, under any circumstances, sign documents for the other party or the other party’s insurance company without seeking legal advice.
9. Promptly seek an examination from your primary care physician and follow your doctor’s advice.
10. Save all medical bills and prescription receipts. Make a record of any time you miss from work.
Q: What legal recourse do I have if I don’t like the curriculum my children are taught at school?
A: This is a great question because it required me to do some research.
In my mind, there are essentially two paths: A) The complaint process; and B) The other alternatives approach.
Before we jump into the two paths, it’s important to understand the Oregon State Standards define what students should know and what students should be able to do within a content area at specific stages in their education.
Please click through www.oregon.gov/ode/educator-resources/standards/Pages/default.aspx to read more, and click through the topic areas to read about the standards at each grade level.
The standards drive the instructional materials. The curriculum is expected to align with the standards. The Oregon Department of Education vets materials for each adoption cycle. Districts can elect to adopt materials that are not part of the ODE list, but that, too, requires a local process.
My research indicates the teachers have very little control over what is taught. Teachers have control over how the materials are taught. In some instances, teachers bring in supplementary materials.
Everything clear so far? Good, let’s move on.
A) The complaint process
I connected with Chris Fritsch, Pendleton School District superintendent, who was helpful in directing me to several resources. It appears he PSD complaint process is similar to other districts, such as Hermiston, Milton-Freewater and Helix.
The PSD policy and administrative regulations for instructional materials are included in the online version of this article. See here: oregonlegalfirm.com/pendleton-school-district-instructional-materials-policy-and-administrative-regulations. The form referenced is the last page of the administrative regulations.
One of the key issues in the complaint process is: “Does a teacher’s curriculum direction follow the standards for instruction materials? Or, did the teacher bring in a supplemental materials which has not been adopted?” Whether the supplemental materials meets the standards depends on the context and the grade level.
B) The other alternatives approach
If someone has a fundamental issue with their children’s curriculum, that parent or guardian should consider: talking to the school; talking to the school board; running for school board; voting for the school board; and/or consider homeschooling.
Hiring an attorney always is an option, and if you still have questions, I encourage you to seek a consultation.