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FEBRUARY 2022
Legally Brief With Kevin Patrick Automobile accidents | Daycare injuries | wrongful death
3 Surprising Facts About Ride-share Crashes TRAVEL SMART THIS WINTER AND SPRING!
Back in December, the ride-share apps Uber and Lyft made headlines again. This time it wasn’t because of the debate over whether drivers are employees or independent contractors — it was a price hike for the holidays! If you use Uber or Lyft, you probably experienced that expense firsthand. December and January are a busy time for ride-share apps. After a little too much celebrating at a holiday party, calling for a ride is safer than driving home, and people who choose ride-share apps are making the responsible choice. Plus, the apps are pretty convenient — I’ve used them myself to get to hearings, although most of those are on Zoom these days. Unfortunately, an increase in the use of ride-shares comes with a downside: a boost in the number of Atlanta ride-share accidents we see in our office.
more insurance coverage than taxis. If your case is successful, you’ll have more of your medical bills covered. 2. You could be eligible for a bigger settlement than in an ordinary car crash. Ride-shares often carry more
insurance than taxis or ordinary drivers, which could mean a bigger check for you in the event of a crash. The difference is huge. Many taxis carry just $25,000 in insurance, while Uber and Lyft drivers typically have a commercial limit of $1 million! That gives you a lot more protection in the event of a catastrophic injury, and it’s the reason I take ride-shares to my hearings instead of taxis. 3. If you’re hurt while in a ride-share, you need to report your accident in the app. When a ride-share accident happens, most of the steps you should take are the same as those you’d take after a regular accident: Get medical help, notify the police and your insurance company, gather evidence, call a lawyer like me, and avoid making any recorded or written statements about the crash. But there’s a quirk in the ride-share accident process; you also need to report your accident within the app you used to book your ride. It might be tempting to call Uber or Lyft, but it’s difficult to get a person on the phone at one of those companies. Instead, get the ball rolling on your case within the app, then let my team and me handle the rest. I hope you and your family stayed safe this holiday season, but if someone you love was injured while taking a ride-share over Christmas or the New Year holiday, my team and I can secure the settlement they deserve. (If you’re hit by an off-duty ride-share driver, that’s more complicated, but I can still help.) Call us today or visit our website — we’re here for you, even if you feel alone.
Ride-share accidents can happen to anyone. Even people who drive for a living have bad luck on the road sometimes, and no one is safe from chance, even celebrities! My team and I represent folks in ride-share crash cases regularly. Years ago, we even went to bat for an NFL player who was injured in a ride-share accident while he was here for the Super Bowl.
“RIDE-SHARE CRASHES ARE A LITTLE DIFFERENT FROM REGULAR CAR ACCIDENTS, BUT THAT CAN ACTUALLY BE A GOOD THING IF YOU’RE IN ONE.”
I’m not at liberty to share who that player was, but I’m very happy with the
results we’ve achieved for him and our other clients. Ride-share crashes are a little different from regular car accidents, but that can actually be a good thing if you’re in one. Here are three surprising facts you should know before booking your next ride on your favorite app. 1. From a liability standpoint, you’re better off taking a ride-share than a taxi. Taxis may seem more “legitimate” than ride-shares because they’ve been around longer, but if you end up in an accident, it’s actually better to be in a ride-share. That’s because as a general rule, ride-shares carry
This publication is for informational purposes only, and no legal advice is intended.
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The Value of the Constitution
3 REASONS THE CONSTITUTION EXISTS
Within the Articles of Confederation, Congress didn’t have the power to enforce laws and was only allowed to collect funds from each state. State governments held the majority, which made the federal government weaker. This led to states fighting over territory, war pensions, and taxation, all of which could potentially destroy the country. These issues led to the Constitutional Convention of 1787, which helped create the Constitution that we have today. You might be surprised to learn that a body of water — and other concerns — helped draft the document. Separate State Currencies Unlike today, the Confederation Period didn’t have a common currency. The federal
government and the states had separate money. This separation made trade between states and other countries extremely difficult. Due to different currencies, Congress couldn’t print out money for the entire country to use. Fortunately, the Constitution established a common currency for all states and also allowed Congress to coin money and regulate its value. The Erie Canal Within the Articles of Confederation, each state managed the territory that lies within their state lines. George Washington wanted to use the Erie Canal as a form of transportation but couldn’t because the canal was in New York territory. He needed permission from New York in order to use the canal. But with the development of the Constitution, the Erie Canal was managed
by the federal government. Washington could then use the canal as a form of transportation into the rest of the continent. No Judiciary or Executive Branch There was only one branch for Congress, and each state had one vote in order to get laws passed. If Congress wanted to pass any laws, they needed 9 out of 13 states in order to approve it. Requiring this high majority made it difficult to pass any legislation. The Constitution divided the government into branches and gave certain powers to each branch, known as checks and balances. The first attempt at a constitution — the Articles of Confederation — failed, but with some adjustments and ratifications, the Constitutional Convention created the document we still use today.
You’re Not Alone On Your Journey THE HOPEMYSMILEMAKEYOUSMILE ORGANIZATION
Mental health is surrounded by stigma. As a result, you may not feel comfortable talking about it because of how you will be perceived. But at HopeMySmileMakeYouSmile, you can freely talk about your feelings in any way that makes almost anyone feel comfortable. This organization is a nonjudgmental center dedicated to educating individuals about mental health issues that people struggle with every day. Sandra Roldan Pines, the founder and CEO, created HopeMySmileMakeYouSmile to provide a safe place for individuals to talk about mental health topics such as suicide, depression, anxiety, PTSD, and grief. Her son, Justin, committed suicide on May 17, 2020, at the age of 31. This devastating experience inspired her to take action and create an organization to destigmatize conversations about mental health. She took this traumatic incident and created a positive outlet for others.
Sandra is a certified mental health first aid instructor (MHFA) and can provide you or a loved one with tools to help you during your time of need. As an MHFA, Sandra knows all about the signs and symptoms of specific illnesses such as anxiety, depression, trauma, grief, bereavement, and addictions. HopeMySmileMakeYouSmile also provides free one-on-one talk sessions, group counseling, seminars, and interviews. The courses will help you understand the signs of mental illnesses and provide an overview of treatments using role- playing and simulations. If you’re struggling, these demonstrations can help you assess your mental health crisis, select interventions, and connect with professionals and self-help resources. Go to HopeMySmileMakeYouSmile.org for more information about the organization, virtual sessions, and hotline numbers.
At these free virtual meetings, you can share your feelings freely and get help if you need it. Mental health is something everyone struggles with — you’re not alone on your journey. HopeMySmileMakeYouSmile’s resources are ready to assist you with anything you’re battling, and they can help guide you to the care and support you need.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cell phone is 404.409.3160.)
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Keep Your Kids Safe While You Drive Car Seat Tips From an Accident Attorney
As a parent, keeping your kids safe is your No. 1 mission in life. You can’t protect them from everything, but there is one place where you have total control over their well-being: your car. According to the Centers for Disease Control and Prevention (CDC), 608 kids under 12 died in car crashes in 2019, and over 91,000 were injured. A full 38% of them weren’t buckled. Most people know seat belts save lives, but knowing isn’t enough. You need to act on that knowledge! Many of the car crash victims we help in the KPL office would have been in much better shape if they had worn their seat belts. If your kids are too young for a regular seat belt, a properly installed car seat or booster seat will serve the same purpose. It’s really easy to get this step wrong — kids age out of booster seats ridiculously fast, and it can be tough to get all
of the belts and buckles cinched just right. But if you don’t have an age- or weight- appropriate seat, you could be putting your child at risk every time you drive. If you haven’t updated your child’s car seat recently, put down this newsletter and visit SafeKidsGeorgia.org/carseats right now. There, you’ll find tips on which seat to use for your child’s age (rear-facing or forward-facing … booster seat or seat belt) and how to find a child safety seat fitting location close to your home. If you can’t find someone to check your seat through the site, you can take your booster seat or car seat to a fire station. They will help you install it correctly! These tips will keep your kids safe on the road this winter and spring. If the worst happens and one of your children is injured in a collision, our team here at Kevin Patrick Law can help you file a claim on their behalf. We can even help if your child was injured years ago and you never received compensation for their pain and suffering! Here in Georgia, the two-year statute of limitations doesn’t start until age 18, so your kids are eligible until age 20. Justice is only a phone call away.
Cherry Cordial Cake Balls
Take A Break
For a nonalcoholic version of these cake balls, swap the brandy for fruit juice.
Ingredients • 1 package fudge marble cake mix • 1 1/4 cups and 3 tbsp brewed coffee, divided • 1/4 cup canola oil
• 3 eggs • 10 oz maraschino cherries, stemmed, drained, and chopped • 1/3 cup brandy
• 1/4 cup cherry preserves • 1 cup chocolate frosting • 1 lb chocolate candy coating, chopped
Directions 1. In a large bowl, combine cake mix, 1 1/4 cups coffee, canola oil, and eggs. Beat on low for 30 seconds, then on high for 2 minutes. 2. Preheat the oven to 350 F. 3. Pour batter into a greased, floured 9-by-13-inch baking pan. Bake for 30–35 minutes and let cool. 4. In a small bowl, combine cherries, brandy, cherry preserves, and remaining coffee.
5. Crumble cake. Add frosting and cherry mixture. Combine and shape into 1-inch balls. 6. Melt chocolate coating, following package directions. 7. Line a baking sheet with parchment
Beads Chocolate Festival Football
History Lunar Pink Presidents
Sweetheart Tiger Valentine Violet
paper. Dip balls into coating. Let them stand on the paper for 20 minutes, then serve!
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Inside This Issue 1 3 Things to Know Before You Uber 2 How the Erie Canal Helped Form the Constitution A Safe Place for Mental Health 3 Are Your Children Really Safe in Your Car?
Cherry Cordial Cake Balls 4 The Man Who Sued Himself
Follow Us @KPatricklaw
Brock vs. Brock The Man Who Sued Himself
On July 1, 1993, Robert Lee Brock made a mistake. By his own account, he had a few too many alcoholic beverages that evening, and in his drunken state, he committed breaking and entering, as well as grand larceny. Brock was arrested, and the court sentenced him to 23 years behind bars at the Indian Creek Correctional Center in Chesapeake, Virginia. In 1995, Brock decided he deserved restitution. Reasoning that he had violated his own civil rights, he sued himself for $5 million. For his family's pain and suffering, as well as his children’s college tuition, he requested $3 million. He also asked for $2 million to support his needs during his 23- year prison sentence.
Central to Brock’s claim was that, due to his drinking, “I caused myself to violate my religious beliefs. This was done by my going out and getting arrested, which caused me to be in prison.” And since he was a ward of the state, he explained that Virginia should pay the $5 million on his behalf. After all, he was incarcerated and unable to work, and the state was responsible for his care. Plus, he promised to pay the money back after his release. In a move that shocked no one (except, perhaps, Brock), Judge Rebecca Beach Smith dismissed his case. While she did call his claim “ludicrous,” she also praised his creativity, stating that he “presented an innovative approach to civil rights litigation.”
Perhaps the lawsuit against himself wasn’t his first or last attempt at legal restitution. He once filed 29 complaints in a single year. Due to the repeated suits, the court removed his ability to file further litigation. “None of Brock's allegations have ever been found by any court to have any merit,” the decision read. “Because Brock's repeated, frivolous claims have placed a significant burden on this court, as well as on the district court ... we hereby impose sanctions upon Brock.” Brock's case ranked No. 3 on Time Magazine’s list of Top 10 Outrageous Legal Battles. So, while he didn't achieve wealth, he did gain fame. It was an impressive feat for a man who found a novel way to take personal responsibility for his actions.
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