Honk The Horn, Dangit!!! Oh……He is Asleep

Long before in-car DVD players, I-Pod’s, I-Pad’s, and PSP’s, there were tractor-trailer trucks.  Children of all ages passed time on long road trips by making a fist and pulling it down above their heads.  The Goal?  Get that tractor-trailer truck driver to blast his horn as a salute to your request.  

Let’s face it, tractor-trailer trucks are fascinating machines of commerce.  Much the same as huge cargo ships in the Port of Savannah and the miles-long Norfolk Southern trains, tractor-trailer trucks move American commerce from Point A to Point B.  The men and women that operate them are hard-working people that want to do the best job possible for their companies. 

However, of late, accidents involving these machines have been highly-publicized.  As one entertainment columnist wrote, “who knew a truck crash would instantly put Tracy Morgan into the entertainment spotlight.”  Tractor-trailer operators are sometimes put to unattainable task by those for whom they are pulling loads.  The pressure is simple………in most instances, the operator doesn’t get paid unless he or she delivers.

Hence, the Federal Motor Carrier Safety Administration lays out rules and regulations whose purpose is to protect all persons on the road, including the truck drivers.  The rules pertaining to how long a truck driver can be on the road are being talked about a lot on the news channels; therefore, I thought it would be of interest to outline those rules for the general public.  (Hey, you never know when this will be a Jeopardy or Trivial Pursuit question!!!)

The federal government mandates pertaining to hours of operation for product-carrying truckers (i.e. not those carrying passengers commercially) are as follows:

-               -----  A trucker may drive 11 consecutive hours (only after 10 hours off duty);

-               -----  A trucker may not drive past the 14^th hour being on-duty (only after 10 hours off duty);

-               -----  A trucker may drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper               berth period of at least 30 minutes;

-               -----  60/70-Hour Limit – A trucker may not drive after 60/70 hours on duty in 7/8 consecutive days. A                driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.                Must include two periods from 1 a.m. to 5 a.m. home terminal time, and may only be used once per              week, or 168 hours, measured from the beginning of the previous restart;

-              -----  Sleeper Berth Provision - Drivers using the sleeper berth provision must take at least 8 consecutive                 hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or             any combination of the two.

As you can see, the government puts restrictions on how many hours a trucker can operate.  Nevertheless, these regulations are not followed by a small few in the industry.  Those decisions usually end with tragic consequences.  If you or a loved one is injured by a commercial vehicle, contact The Parian Law Firm, LLC to investigate the accident and get the recovery you deserve.

“Mom, Why is Dad Break Dancing?”

Yesterday, social media was chockfull of tributes to fathers, grandfathers, step-fathers, maybe-fathers, and fathers-to-be.  Durex, the British manufacturer of “prophylactic sheaths,” had a commercial out yesterday that said “To all of you out there that used our competitors’ products…Happy Father’s Day.”  Let’s face it, Father’s Day is less intense than Mother’s Day.  There are no FTD commercials, because most dads aren’t into receiving roses (at least I hope not).  Children and spouses express their love through meats on a stick, golf clubs, corn hole matches, and trips to the local waterpark.  As a display of affection and appreciation to me, my wife (ahem, and kids) bought me some Smores-flavored cotton candy………

Yesterday marked my eighth Father’s Day as a father.  I spent much of the day piloting a GMC Yukon full of people from Charlotte, NC.   The night before we attended the wedding of a lifelong friend; therefore, my brain synapses were only intermittently connecting throughout the ride.  However, I did have some time to reflect on being a father and what exactly it means.   

Fathers are protectors of the household.  Now, I’ll admit when I hear a knock in the night, I ask my wife to go check it out, but the overarching presumption is that big-bad-Dad will be the one scaring the robber off in his whitey-tighties.  When something goes wrong with a child, fathers desperately want the child to say, “I’m going to tell my dad.”  We want to protect the child AND ourselves.  A hurt and whiny child is much easier to deal with when he or she is not coupled with an angry mom/wife!!   

You hear people say all of the time that so and so was a father figure in my life.  You may hear them called a nurturer.  What I say is that a father and/or father-figure is an enabler.  Outside of jumping out of an airplane, being a snake-charmer, or rock climbing anything over five-feet tall, I will try anything that my children have an interest in doing.  (Yes, I know people….I left out the running a marathon part).  I want to enable them to be curious about all things.  Payback may come in about 14 years when my daughter shows an interest in French fashion or something.

Lastly, despite all of our faults and foibles, we are simply entertaining and frustrating figures.  You do not have to dig deep into most fathers to discover they are still that same 12 year old kid.  Guys remark all the time that we can go ten years without seeing one another and still catch back up like we are sitting on the fraternity house front porch.  Just before my first child was born, I struggled with the whole growing up thing.  Then, I came to the conclusion that I will likely never grow up.  Now I have an eight-year-old son that is completely normal (I think).  When he goes to the convenience store to pick up some Nerds candy, I ask that he pick me up some of the same.  My wife, and most mothers out there will admit, that fathers are just as frustrating as the kids they produce!!  Keep it up, men!!

All of us have or had a father or father-figure in our life.  Be thankful for the time you got to spend with that hero.  Give your mother the recognition that she deserves, but don’t forget that dear old dad is only slightly more mature than you.  I am surrounded by friends that are great fathers.  We will never win the James Dobson award for parenting, but we try our hardest to be the protector, the enabler, and the entertaining and frustrating men that we are.  Happy Father’s Day to you all, and especially to my dad, Randall………The Godfather of Leisure.    

Trial Lawyer?.........Isn’t That What Matlock Did For a Living?

Prospective clients have many questions for me when we first meet.  One of the more common questions I get asked is why I call myself a trial lawyer.  Many people think “Don’t all lawyers go to trial?” or “Doesn't trial lawyer really mean ambulance chaser?”  My favorite statement came from a college fraternity brother (after a couple of drinks) who proclaimed he could be a trial lawyer, because he watches a lot of Judge Judy and has all twelve seasons of The People’s Court on Blu-Ray.  I don’t doubt that many people would perform excellent in trial with proper training, but I want to share a little about why I call myself a trial lawyer.

For most of my career, I represented corporate interests.  I was involved in some high-profile lawsuits between competing companies.  In those cases, I fought to right a wrong that was committed by the other corporation.  That made me feel as if I had contributed to the greater good.  However, during that same time, I represented corporations against individuals that were injured or terminated at the hands of the corporate machine.  Fighting against the common person on behalf of big business left me with a less than settled feeling.  Put plainly, I felt like just another cog in the corporate wheel.

A mentor of mine, Bob Meadows from Opelika, Alabama, told me early on in my career to love the people that I represent, because you are hired to speak for them in a legal system for which they have no voice.  That thought confused me for many years, because, frankly, I am a hard guy to get to shut up.  However, one day while driving to Atlanta, it dawned on me what meaning I placed on lawyer Meadows’ statement. 

I decided at that moment that I would dedicate my practice to representing people that need help in righting a wrong they have suffered.  I would dedicate my practice to being the conduit that tells the legal system and anyone else that wants to listen a story that needs to be told.  Instead of being just another big firm lawyer, I would practice law and provide my voice in a way that makes a difference in a person’s life.  As one of the old warhorse lawyers Jake Moore of Columbia, South Carolina told me over a beer one evening at Turner Field, people come to trial lawyers because they have the privilege and power to sue others and take them to trial before a court of law to right a wrong.

The Parian Law Firm, LLC is dedicated to representing those that have suffered injuries through no fault of their own.  Those injuries could be related to an auto accident, medical malpractice, nursing home abuse, or a slip and fall.  Also, injuries are caused by being accused of a crime you did not commit or being asked to pay for a debt that you do not owe.  These are only some of the areas where I represent people that need help in righting a wrong.  At a recent social gathering, the CEO of a publicly-traded company came up to me and told me that he applauds me and my firm for the work we are doing, because as he put it, “what you do is good and makes a difference in people’s lives.”  I can think of no better definition of why I call myself a trial lawyer.

Liability Insurance, Uninsured Motorist Insurance, Underinsured Motorist Insurance……..Wait, What?

R. Cade Parian

THE PARIAN LAW FIRM, LLC

1606 Maple Street

Carrollton, Georgia 30117

(770) 727-5550 – telephone

callcade@westgalawyer.com

www.westgalawyer.com

We’ve all heard and seen the slogans, jingles, and mascots.  Like a good neighbor….  You’re in good hands with….  A particular company is always on your side (with Dale Earnhardt, Jr.).  And let’s not forget the duck, the gecko, the cavemen, and the ultra-annoying Flo.

By now, you’ve all guessed where I’m going with the subject of this article.  Insurance companies are as common a part of our society as fast-food chains, pharmacies, and, you guessed it, lawyers.  In Georgia alone, there are hundreds if not thousands of companies ready to assist you with your insurance needs.  However, many people purchase insurance like they purchase a cheeseburger, i.e. without much thought.  It usually happens as follows:  (1) They contact an insurance agent; (2) The insurance agent provides them a quote along with a direct debit authorization; and (3) the insurance policy is issued.  However, you should think long and hard about what type of insurance coverage you need to protect your family.  Let’s run through what insurance you may need if you are involved in a car accident.

1.       The Accident & The Injuries

It is a beautiful spring day.  Your car windows are open and you are jamming out to your favorite 1980’s rock-n-roll ballad.  Steve Perry, former lead singer of Journey, hits the epic high note in the song “Don’t Stop Believing,” which you attempt to match note-for-note, key-for-key while driving.  In that moment of glory, while envisioning a sold-out Georgia Dome witnessing your moment, you don’t notice the vehicle running the stop sign in front of you.  BAMM!!!  SCREECH!!!  HISS!!!  You hit the other car smack dab in the middle of the driver’s side door.

Once the cobwebs are out of your brain, you notice the other driver climbing out of the window of his car.  You try to do the same, but your left shoulder is not cooperating, in fact it is screaming at you in pain.  The police arrive and it is determined that the accident was the other driver's fault.  Meanwhile, you are transported to the hospital where you are told that you will be receiving months of treatment that includes shoulder reconstructive surgery.  The cost of your medical treatment is $125,000.00.

2.       Liability Insurance

Most people are very familiar with the term “liability.” This is the insurance that covers you if, well, SOMETHING IS YOUR FAULT.  You are required by Georgia state law to have a minimum of $25,000.00 per person/$50,000.00 per accident in liability coverage on your vehicle in order to operate it on public streets. 

Let’s say the at-fault driver above you purchased a minimum coverage liability insurance policy in the amount of $25,000.00.  You only have covered twenty percent of your medical costs.  What are you to do about the other $100,000.00 in medical costs incurred?  That is not a situation that you want to be presented with.  

3.       Uninsured Motorist Insurance

Many people think this only applies in situations where an at-fault motorist is uninsured.  However, in many instances, this insurance should be termed underinsured coverage.  In the accident above, you still potentially owe $100,000.00 to medical facilities for care of the injuries you sustained in the crash.  Staying with the above hypothetical, say that your insurance agent (being a good one), sold you on obtaining uninsured motorist insurance coverage in the amount of $100,000.00.  All it cost you was around $140 per year.  Now, is the time to do a dance, high-five your insurance agent, or run naked down the street (not recommended).  You have enough insurance coverage to cover your medical care costs.  The at-fault driver's liability insurance coverage amount of $25,000.00 with your $100,000.00 uninsured motorist policy, when stacked (there will be another article on “stacking” and “non-stacking”), give you $125,000.00 in insurance coverage.

4.       Final Thoughts

You are lucky in the above hypothetical was lucky that his agent pushed him on uninsured motorist insurance.  If you had simply requested “the cheapest minimal insurance,” you would have likely been left with mounds of medical costs debt.  Be honest with your insurance agent, and tell him or her that you want to purchase the most insurance coverage that your budget will allow.  Accidents are just that!  Accidents.  You don’t plan for them, but in the event one happens, you can plan to be covered financially.    

If you or a loved one are involved in a car accident, contact the attorneys at The Parian Law Firm, LLC today.  You deserve to receive the maximum amount possible.  "Call Cade.  Get Paid."