Ask DrewDevil your legal questions

[renodoc]

Friend gets involved in fender bender on snowy mountain road. Possibly significant property damage but no one is hurt. Chain or snow tire restrictions are in effect, and friend has summer tires on. Police cite friend for failing to heed tire restrictions while filling out report.

Does this citing have any bearing on insurance claim/liability?

Other driver wasn't cited but didn't have proper tires either. Friend thinks this is because other driver was determined not to be "at fault". Does this have any bearing on anything.



this is probably like asking your ophthalmologist about your heart murmur.

[sethypooh21]

[ QUOTE ]
Friend gets involved in fender bender on snowy mountain road. Possibly significant property damage but no one is hurt. Chain or snow tire restrictions are in effect, and friend has summer tires on. Police cite friend for failing to heed tire restrictions while filling out report.

Does this citing have any bearing on insurance claim/liability?

Other driver wasn't cited but didn't have proper tires either. Friend thinks this is because other driver was determined not to be "at fault". Does this have any bearing on anything.



this is probably like asking your ophthalmologist about your heart murmur.

[/ QUOTE ]

The insurance claim question is highly dependent on the specifics of the policy, so I won't even get into that...

As for a civil action between the drivers, the fact that neither car had chains/studs will come into evidence, but the fact of the citation likely will not (or will be subject to a limiting instruction),* as it's essentially multi-layered hearsay unless the cop who wrote the ticket actually saw the accident. The crime/violation would have to be much more severe to have sort of preclusive effect as a matter of law.

* This varies widely from state to state - different states have very different rules for the admissibility of 'traffic court' type stuff. Some places it's always admissible, in others it is never admissible, and some places it depends.

[niss]

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Practicing law isn't very much fun and unless you've always wanted to do it, you shouldn't go to law school.

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You really should limit a statement like this to your personal experience. In my experience, many more lawyers will say they love what they do than will tell you they dislike their job.

[goofball]

In a legal sense, can [censored] Steinbrenner just move the yankees?

[Justin Smith]

If you declare bankruptcy what happens to your 401k?

[Hey_Porter]

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[ QUOTE ]
Practicing law isn't very much fun and unless you've always wanted to do it, you shouldn't go to law school.

[/ QUOTE ]

You really should limit a statement like this to your personal experience. In my experience, many more lawyers will say they love what they do than will tell you they dislike their job.

[/ QUOTE ]

You must live in happy lawyer land where you work 9-5, no weekends, no debt, and get paid what you're worth.

[DrewDevil]

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drew,

A buddy of mine secretly filmed a one night stand with himself and another lady. We make fun of him for breaking the law and that he could potentially get jail time for that. He gets freaked out when we say that even though we really don't think much would happen. You're the legal mind, is what he did illegal?

[/ QUOTE ]

Maybe; see above.

[DrewDevil]

[ QUOTE ]
Friend gets involved in fender bender on snowy mountain road. Possibly significant property damage but no one is hurt. Chain or snow tire restrictions are in effect, and friend has summer tires on. Police cite friend for failing to heed tire restrictions while filling out report.

Does this citing have any bearing on insurance claim/liability?

Other driver wasn't cited but didn't have proper tires either. Friend thinks this is because other driver was determined not to be "at fault". Does this have any bearing on anything.



this is probably like asking your ophthalmologist about your heart murmur.

[/ QUOTE ]

The citation would have some bearing on the case but it wouldn't be a slamdunk. In practical terms, this would most likely be settled by the insurance companies.

[DrewDevil]

[ QUOTE ]
[ QUOTE ]
Practicing law isn't very much fun and unless you've always wanted to do it, you shouldn't go to law school.

[/ QUOTE ]

You really should limit a statement like this to your personal experience. In my experience, many more lawyers will say they love what they do than will tell you they dislike their job.

[/ QUOTE ]

You're wrong.

I'm just kidding.

I guess I should limit every statement I make to "in my personal experience" or "in my opinion," right? My personal experience is that the vast majority of lawyers hate their jobs.

[DrewDevil]

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In a legal sense, can [censored] Steinbrenner just move the yankees?

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We don't get to Steinbrenner until the third year of law school.