Texting and Driving

Can anyone really ever say they have NEVER texted while driving....or read a text while driving?  Okay, those who do not have cell phones can say they never have.  Those who do not have text messaging on their cell phones can say they never have...but for the rest of us....we would have to answer that question with "yes." 

My friend and I did an experiment the other day.  I do not recommend it but I went out on a road with no traffic so if I caused a car accident we would have been the only ones hurt.

I marked off a three mile stretch...there were a few curves (not sharp curves) that I was testing my theory on.  When I approached my beginning mark I opened a text message on my phone that said, "You are an idiot for doing this."  Now go back and time yourself on how long it took you to read that phrase.  I took me about 10 seconds to get to the text message app on my phone, three seconds to read it and two seconds to place the phone back down.  In that time I went about 130 yards, crossed the white line seven times and almost missed a small curve.

Now, I tested it with a response to the text message.  My friend texted me at the starting point and opened the text and read "are we really doing this?"  I responded back with "yes."  This time I went over 200 yards, crossed into the OTHER LANE once, crossed the white line 14 times and hit the dirt on the outside of the road three times. 

Okay, no one was hurt...
No one else was on the road...
I only text and drive when it's "safe"...

Here's the thing...texting and driving is only safe when YOU are the only factor.  It reminds me of driving on icy roads...I know how to do it but not everyone on the road does.  What if on one of the times I drove on the dirt on the outside of the road a child riding a bike rode up at that same time?  What if one of the times I crossed the white line a deer ran out in front of my car?  What if the one time I ended up in the other lane a car was waiting at the stop sign and turned right into me? 

The fact is WE NEVER KNOW what other factors are out there waiting to impact our lives.  What other factors are out there that our texting and driving can impact their lives?

The simple TRUTH is JUST DON'T TEXT AND DRIVE.  We lived MANY, MANY, MANY years without the technology of texting and no life will ever change by WAITING until you are stopped to return a text message but many lives WILL CHANGE if you try to beat the odds by texting and driving and causing an accident.  It will change YOUR life if you cause an accident and are charged and convicted of homicide.  Don't let this happen to you or someone you love...watch this video.

Secrets Insurance Companies don't want you to know

Okay, so you have been in a car accident. Here are a few secrets you HAVE to know before you say anything to anyone.

Insurance companies ARE NOT YOUR FRIEND!! They will call you, and more often than not it is being recorded, to see if you are okay and to ask you a few "questions." DO NOT AGREE TO DO THIS. Even the truth can hurt you later on. Imagine a murder suspect in interrogations...the police are allowed to lie to the suspect in the hopes of a confession. After the car accident you are now in this situation. The insurance company will lie to you in hopes to get the answers they need.

Their ONLY GOAL, no matter what they say, is to

SAVE MONEY!!

If you are hurt you need to seek medical attention. Keep in mind that not all injuries do not materialize right away. It is essential that you seek a PROFESSIONAL and RESPECTED Doctor as your injuries can cause long term damage OR hurt your claim if not documented correctly. 

Here's my oops that I want you to learn from:

By this....I strongly urge you not to answer the question "What are you doing for the pain?" with......."lots of alcohol."

Negotiations: Lets be honest...we all think we can "get more" if we don't hire an Attorney.

"Insurance companies will NEVER tell you to consult an attorney, because they know that if you hire an attorney, you will get more money, even after you pay the attorney, than you will get if try to negotiate with them yourself. Insurance companies will NEVER tell you that their negotiators and claims adjusters are often attorneys." (The Washington Times)

Did you know that Insurance Companies will often request your Doctor's summary to compare with other Doctors? Did you know that they PAY other Doctor's to review your injuries to decide if treatment is necessary?

Guess what the findings are......yep, treatment wasn't necessary.

Don't get bullied by the Insurance Company! Get medical treatment from an HONEST and REPUTABLE Doctor and/or clinic! 

If you are unsure which Doctor to see call Zeisler & Associates, Attorney at Law, PC for a referral.

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It's not even the hottest month of the year yet



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It's hot! And it's not even August yet!  Here are some tips to help you stay cool this summer.

1. When your body is hot your body works hard to cool down. (One example is sweating). The one thing you want to do is drink something cold. When you do this you take your internal organs and make them cold when your external organ is hot. You do not want to take the opposing organs to this much of an extreme. When you are hot, drink something warm first: tea, coffee, etc (preferably caffeine free: see #4). This will normalize your body temperature easier. Once you have done this you can enjoy your cold beverage.
2. I know, I know driving with the AC on full blast is nice. BUT if you are in and out of your car a lot during the day this can actually be too hard on your body. As with the cold drink, you are taking your body from one extreme to another.
3. When it is extremely hot...you know like the weather we have had the last week and expect to have for yet another week....wet towels ARE YOUR FRIEND! A cool towel (not cold and not ice) draped around your neck will do wonders. I will also run cool water over my wrists. Avoid ICE when you are hot. Again, it is too big of an extreme and you won't feel any cooler using ice vs. cool towels.
4. NO SODA, yes this means pop! Soda causes dehydration. Okay study shows caffeine and sugar will cause dehydration. Don't believe me....try it. On a hot day drink a soda. 15 minutes later you will be thirsty if not immediately afterwards. If you are thirsty drink water. I love to add lime to my water. It is recommended that eight (8) glasses of water a day is needed to just to survive. This amount does not take into consideration if you exercise or the temperature. Use this calculator to determine how much water you should be drinking daily.
5. Eat a lot of fruit. Fruit is a refreshing way for your body to get fluids that are lost through sweat.
6. Cover your head if you plan on being outside. Hats, Hats, Hats are not just a fashion statement. Wearing a hat can help you reduce your core body temperature.
7. Eat smaller meals. When your body digests food it it focused on digestion and will not cool your core temperature as well. Eat smaller meals more frequently.
8. Loose, light clothing. Black absorbs the heat. Light colored clothes will keep you cooler. Wear loose clothes so your body is able to breathe.
9. Try to do all of your running around in the morning or early evening. Temperatures are cooler at this time and you will avoid taking your body to extremes.
10. If you must be outside freeze a soaked sponge in a sandwich bag.  When you are outside you can use this to place on your wrists or neck to get cool without the mess.

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Relation to size of accident to severity of injury

Some of the "smallest" accidents can cause the biggest injuries.  It doesn't take a semi truck to hit you head on to cause serious injuries. 

How many times have you heard of a car that was totaled and the driver walked away without any injuries?  When this happens you say, "someone was very lucky."

How many times have you heard of a "fender-bender" and the driver sustained many serious injuries?  I know, when you hear of these you say, "Ya right, this person is milking the system."

Honestly, some of the "smallest" accidents can cause the biggest injuries.  I have spoken of my car accident...it was a little one....for the car that is.  For me....yes I was "looked at" as if I wasn't really hurt (and I want to add that these looks came from a DOCTOR).  It wasn't until additional tests that were run that it was discovered I really was hurt (imagine that).

What is important to know when you are involved in a car accident is that NO MATTER how LITTLE the accident was go see a DOCTOR. 

I am going to suggest something that I wish I had done when I had my car accident.  If you do not require emergency care call an Attorney first....who knew that Personal Injury Attorney's knew Doctors :)

Who knew that a Personal Injury Attorney knows about "medical stuff." 

If you do require emergency care....make sure YOU or someone you trust knows what is going on and what treatment you are being provided.  Emergency Room Doctors are NOT specialists...they are there to SAVE YOUR LIFE.  It is essential that YOU or someone you trust knows what is going on.  When you are able call an Attorney.  A good Personal Injury Attorney will take care of things for you.  Refer you to the BEST Doctors/Chiropractors for YOUR situation. 

If you are in Colorado and you or someone you know is involved in a car accident, no matter how small I highly recommend Zeisler & Associates, Attorney's at Law, PC.  I can personally tell you that Carol took EXCELLENT care of me throughout my ordeal.  You get the large firm strength with the small firm treatment. 

If you have hired Zeisler & Associates, Attorney at Law, PC please share your story and experience in the comment section. 

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Lean on Me!

LEAN ON ME  (Click me)

• Have you been hurt in a car accident? 
• Do you need someone to lean on? 
• Do you need someone to give you a hand?

Car accidents and injuries can cause more problems than "just your injuries."  Stress, problems in your relationship, depression...just to name a few.

If you have been involved in a car accident YOU NEED AN ATTORNEY!  Okay pick one out of the phone book, go to someone who helped someone who helped someone. 

OR

You can call Zeisler and Associates, Attorney's At Law, PC and get the ATTORNEY you can lean on.  You will meet with an ATTORNEY to get all your questions answered.  You will have an ATTORNEY that your situation is PERSONAL and will fight for your rights! 

Zeisler and Associates, Attorney's At Law, PC will help pick you up when you need help.  They will walk with you through the whole process.  They will be your friend that sings "Lean on Me" when you are not strong (okay they won't really sing it for you......which may be a good thing) but that is how they do business!

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What really is a Distracted Driver?

This video is a MUST watch for anyone who drives!
Lets begin with the three types of distractions:

• Manual:  Taking your hands off the wheel
• Visual:  Taking your eyes off the road
• Cognitive:  Taking you mind off driving

18% of Fatalities were directly related to cell phone use.

You are 23 Times more likely to be involved in a crash if you are texting vs a non-distracted driver.

37% of brain activity is REDUCED while driving and using a cell phone.

The types of distractions are:

Texting

Using a cell phone or smartphone

Eating and drinking

Talking to passengers

Grooming

Reading, including maps

Using a navigation system

Watching a video

Adjusting a radio, CD player, or MP3 player

Now we need to re-visit the types of distraction and compare it with texting:

Manual:  you hand(s) are off the wheel to text.

Visual:  it doesn't matter how good you are at texting you will still have to take your eyes off the road to text.

Cognitive:  I have received texts and thought "was any thought put into this text" but lets face it...to write you must think and when doing this you are taking your mind off your driving.

Imagine sitting at a Bronco game...now imagine the length of the football field.  That is how far you drive in the average 4.6 seconds, going 55 miles per hour, it takes to send or receive a text.

Texting and driving is illegal in Colorado.  To find out what the laws in other states are visit Distracted.org.

Let's be honest, cell phones have made our lives easier: we can conduct business between meetings, we can find our children easier, we can schedule our appointments, we can facebook, we can let our family know we are running late...and it can kill us!  Something so simple, something that we NOW KNOW will save lives yet we just don't understand the dangers because "it will never happen to us."  It may not have happened to you...but to the 18% it did happen to it is REAL. 

In 2010 there were 3092 FATALITIES involving distracted drivers....there were 416,000 INJURED because of distracted drivers.  These numbers are REAL....and just because it hasn't happened to you I am sure if you look around you know someone who it has happened to. 

It is right there, the facts are REAL....and it is so simple to fix the problem.

Zeisler & Associates, Attorneys At Law, PC wants everyone to be safe.  Please don't allow distraction to decide your future.

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Information provided by Distracted.gov

Another joke to finish the weekend....

Only those who can laugh at themselves will never be laughed at:  On that note:

Are blondes smarter than lawyers? You be the judge. A blonde and lawyer are seated next to each other on a flight from LA to NY. The lawyer asks if she would like to play a fun game. The blonde, very tired, just wants to take a nap, so she politely declines and rolls over toward the window to catch a few winks. The lawyer persists (as lawyers are wont to do) and explains that the game is easy and a lot of fun. He says, "I ask you a question, and if you don't know the answer, you pay me $5.00 and vice versa."
Again, she declines and tries to get some sleep.
The lawyer, now agitated, says, "Okay, if you don't know the answer you pay me $5.00, and if I don't know the answer, I'll pay you $500.00."
This catches the blonde's attention and, figuring there will be no end to the torment unless she plays, agrees to the game.
The lawyer asks the first question, "What's the distance from the earth to the moon?"
The blonde doesn't say a word, reaches in her purse, pulls out a $5 bill and hands it to the lawyer.
"Okay," says the lawyer, "your turn."
She asks the lawyer, "What goes up a hill with three legs and comes down with four legs?"
The lawyer, puzzled, takes out his laptop computer and searches all his references, no answer. He taps into the air phone with his modem and searches the net and Library of Congress, still no answer. Frustrated, he sends e-mail to all his friends and coworkers, all to no avail. After an hour, he wakes the blonde and hands her $500.
The blonde says, "Thank you," and turns back to get some more sleep.
The lawyer, more than a little miffed, wakes the blonde and asks, "Well, what's the answer?"
Without a word, the blonde reaches in her purse, hands the lawyer $5.00, and goes back to sleep.

Zeisler & Associaties, Attorneys At Law, PC

Two locations to serve you:
Pueblo
Colorado Springs


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Finding an Attorney

It's all about Feeling the Rain

Attorney, Lawyer No matter what you look up in the phone book there are a "million" out there! 

As Bob Marley hinted to:  FEEL the rain...

 don't just get wet!!!

Finding the right Attorney for you is "Feeling the Rain".  Others will just allow you to get wet!



I'm off to pick the perfect Apple off the tree.  The bottom branches have dropped some pretty bruised Apples.  The low hanging branches have some "okay" looking Apples.....but I extend my search and find some great Apples a little higher up.

Same thing goes for finding the "right" Attorney for you.  There are the one's on the ground....not saying they aren't a good Attorney but are they a good Attorney for YOU!!

Do some research!  Ask questions!  Ask people you trust!  If you take the time to search for that GREAT APPLE it will be worth the time spent finding it!!!

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The Lighter Side of Lawyers...Joke of the Day

This has been around a bit but it is so funny it needed to be said again.

All the Truth and nothing but the truth

In a small village court the lawyer for the prosecution called his first witness. A very old lady and grandmother stood in place and the lawyer began to ask:

"Mrs. White do you know me?"
She answered:
"Of course, I know you. I know you since you were a little boy and frankly you have undeceive me. You have always been blatantly, you cheated on your wife, manipulate people and badly discourse them when they leave. You think you're a great personality when you do not even have enough intelligence to avoid being scanned. Of course I know you."

The lawyer was white not knowing what to do. After thinking for a while he pointed to the other end of the room and asked:

"Mrs. White do you know the defense attorney?"

The old lady responds rigth away:
"Absolutely. I also know him since his childhood. He is a looser, has problems with drink and can not have a normal relationship with anyone, and as a lawyer... He is the worst one I have seen in my entire life. I also want to mention that he fools his wife with three different women, one of which, curiously, is your wife. Yes, I know him too. Absolutely."

The defender was in shock. The judge then asked both the lawyers to get closer to the bench and with a very weak voice he said to them:

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"If any of you two happen to ask the old goat if she knows me, I swear I´ll put you both in jail!"

Attorney's are like fruit:  Some are good and some are bad. 

You just need to know how to pick 'em.

Zeisler & Associaties, Attorneys At Law, PC
One of the "good" fruits :)

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Contingency Fees explained

A contingency fee is defined as any commission, percentage, brokerage, or other fee that is contingent upon a favorable legislative result.  (NCSL)

We've all heard on the commercials "you don't owe us anything unless we win your case."

So what does this mean for you?  The most common use of contingency fees are auto accidents.  You enter into an agreement with the Attorney to take you case and the Attorney will receive a percentage of what your award is.

This is a great way for those who cannot afford Attorney fees UPFRONT to still get representation.  For example:  you are involved in a car accident and enter into a contingency fee agreement.  The Attorney will pay the expenses through the duration of your case (or set up arrangements for those expenses to be paid out of the proceeds of your award) so you are not out any money.  In auto accidents all policies are different and all claims are handled differently so I can explain by my experience.  My policy limits are $100,000.  I enter into a contingency agreement for 35%.  It cost the Attorney $10,000 to gather information.....and let me tell you this is not cheap,

see example of costs at the Letric Law Library sample number 7:   COSTS. Attorney will advance all "costs" in connection with Attorney's representation of Client under this agreement. Attorney will be reimbursed out of the recovery before any distribution of fees to Attorney or any distribution to Client. If there is no recovery, or the recovery is insufficient to reimburse Attorney in full for costs advanced, Attorney will bear the loss. Costs include, but are not limited to, court filing fees, deposition costs, expert fees and expenses, investigation costs, long-distance telephone charges, messenger service fees, photocopying expenses, and process server fees. Items that are not to be considered costs, and that must be paid by Client without being either advanced or contributed to by Attorney, include, but are not limited to, Client's medical expenses and other parties' costs, if any, that Client is ultimately required to pay.

When you win, and only if you win, does the Attorney get paid.  In this case $100,000.  $10,000 is reimbursed to the Attorney.  You now have $90,000 to work with.  The Letric Law Library has a sample agreement (see number 5 for Attorney fees).

Each Attorney and/or firm have their own agreements the agreement provided here is just to be used as an example.

Contingency fees are not allowed in all types of cases and each State regulates this.  For example:  In a divorce with children...if an Attorney were allowed to accept a contingency fee on the outcome of how much child support or alimony is awarded how would the Attorney collect on years of monthly payments and how fair would it be to all the parties to have Attorney's collect forever.

Don't be swayed by the Personal Injury Attorney commercials that say you won't pay a dime if we don't win...they all do this.  It gets your attention and you call not realizing that they all do.  Now you know....find the Attorney that YOU want and will fight for YOU!!

Zeisler & Associates, Attorney's at Law, PC is the firm that will fight for your rights!!!
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4th of July highest car accident holiday

Statistics from 2008 show that car accidents are highest during Fourth of July!  Yes, they are higher than New Years Eve!  According to Fox News and the National Traffic Highway Safety Administration 51% die from alcohol related accidents.  WOW!  That is crazy!!  I guess it makes sense....it's hot, people drink, it's a holiday. 


Car Accidents will change your life.  Many accidents that do not cause death cause injuries that are difficult to recover from.  Neck/Back injuries, whiplash, spinal cord injuries are just a few. 

If you are involved in a car accident call Zeisler & Associates to fight for your rights!!!  They are a small firm that get to know each and every client!  You will meet with an Attorney and the Attorney will know you personally!  Don't fall for the advertisements on the television from these large firms.  You are entitled to what you are entitled to so why not go with the firm who sees you as an idividual not a number!  Why not go with the firm who cares about YOU not the end result.

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BE CAREFUL THIS HOLIDAY!!!!