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Published On: Wed, Jun 5th, 2019

Preserving the Right to Trial by Jury

Our jury system has many advantages. A jury is made up of local citizens, men, and women from the community, who can evaluate cases based on community standards. The composition of the jury is not known in advance so that the exertion of undue influence is rendered less likely. Jurors cannot be paid by either side so that they can be considered relatively impartial. Jurors complete their service during the trial process and subsequently return to their private lives so that ongoing efforts to influence their decisions do not typically occur. It may be possible to find an errant adjudicator, usually a judge, but it is less likely to find twelve jurors who will come to an outrageous conclusion.

America’s Founding Fathers, those august signers, and framers of the U.S. Constitution, recognized in their collective judgment that a jury of a defendant’s “peers,” while not always fair or impartial, would be more reliable at arriving at “reasonable” decisions. But in some quarters of American society, the right to a trial by jury is under siege. In addition to the controversial “wartime” extraordinary powers invested in the Bush Administration’s policies toward detainees, designating a person as an “unlawful combatant” changes the rules about jury trials, making them subject to military tribunals in place of juries. Other groups are hoisting agendas advocate for the elimination of the right to trial by jury in the interests of avoiding frivolous or nugatory lawsuits. But is there a hidden agenda behind such claims? Is the issue about not trusting a panel of individual jurors to come to a clear consensus? Is wariness about frivolous lawsuits often a smokescreen for immunizing wrongdoers from the consequences of their behavior? Would the dismissal of all juries be in the best interests of our citizens? The right to trial by jury is an integral part of the American system of law and justice and should be preserved.

The Do’s and Don’ts of Automobile Accidents

It is estimated that with the number of cars on the road on any given day, it is virtually inevitable that every single driver will be in an accident at some point in his/her driving career. If you have been in a car accident, especially a serious one, you know full well how scary, unnerving, and confusing that scene can be. Immediately after a collision is not the time, we do our clearest thinking. But the calmer you remain, the more likely your chances are that you will do the right thing. Though it sounds impossible, the first thing to do is remain calm.

The do’s and don’ts following an accident are important and can help you down the road (no pun intended). Depending on the accident, the following is a list of suggested DO’s:

Do

  • Call for medical assistance immediately.
  • Call the police to have your statement was taken and an official report written up.
  • Take pictures of the scene.
  • Exchange information with other involved parties.
  • Stay calm.
  • Get in contact with an experienced automobile accident attorney who can help you with your claims.

While this list may seem simple enough, there are several steps to take before an accident to help relieve some of the stress.

  • Keep a disposable camera on hand in your car for such a situation
  • Keep the name of one trusted attorney on hand to help minimize stress.
  • Keep insurance information in your car.

Don’t

  • Don’t flee the scene of the accident.
  • Don’t admit fault–ever.
  • Don’t remove your vehicle from the crash site.
  • Don’t sign any insurance papers; wait to speak to an attorney.
  • Don’t apologize as that is virtually the same as admitting fault.

According to statistics, in 2018, there were an estimated 6.5 million car accidents in the United States; the estimated cost of those accidents-over 230 billion dollars. While mental and physically exhausting, car accidents are prevalent in society today. 

photo/ OpenClipart-Vectors

The Rule of Law Over the Roads

The United States of America is one of the, if not the only, prized nation because of its rights and liberties. Is it therefore too restrictive for speed limits and regulations on the road, which may infringe on a person’s right to do as they please, as long as they ensure the safety of all others on the roads by their own judgmental and cognitive abilities? I would agree to that, for, as it is a logic amongst lawyers, Laws should technically only serve cases, wherein there is a liability, as well as damages, which would have to be caused by the negligence of someone in their duties and responsibilities. While there would certainly be the case of the liability of an individual, if they would go over a prescribed speed limit, there is no case, at which the person has caused any damages to another individual or has infringed on that person’s right to say or their pursuit of happiness in driving. So, it thus confuses me as to why there are indeed Laws, which restrict its people to prescribed street limits and street lights. Is it to be preventive of car accidents or to submit the population into submission of unjustified Laws from the government?

It isn’t illogical to believe that the people should be educated enough to drive at their own speeds and conditions, as long as they keep in mind that other people are on the road as well and therefore enact as many safety precautions, as they can, but it should be by their own will and intelligence alone. Any intelligent driver would be able to regulate its own speeds by itself, and, if it is negligent in doing so, then it would be paying the repair bills or the hospital visits. It follows that everyone would want to avoid as many accidents, as they can, for it benefits no one to be at the center or cause of one. That doesn’t mean that speed limits or light stops should be utterly abolished, however. They could always serve as suggestions over how fast one should go, or when they should pause their driving, but the disregard of these implied duties to the community should be no means for fines and arrests, just as neglecting jury duty or voting duty shouldn’t have any Lawful consequences to them. The limit, to which I would allow the government their role in driving in the USA, would be the driver’s licenses, for it truly should be established, whether or not a person can enact rational, cognitive judgments on the roads, to avoid accidents and injuries.

When measures to suggest preventive methods of accidents have consequences to them, however, you know that something is very wrong and incorrect with the government at hand, and there wouldn’t be anything left to protect the government from imprisoning its people, before they even commit any actual damages at all, in order to “prevent” it. It is about time that we, the people, reestablish limits onto the government, to stipulate what they just can and cannot do, as our Founding Fathers did all those years ago when fancying a government with checks and balances.

Finding A Lawyer

Many individuals have experienced a trauma brought on by someone being sloppy or foolhardy. When this occurs, they’re keen to go to court. Before doing this, you should consult with a Clay County injury lawyer. Personal injury attorneys exist to help people that have been seriously wounded due to the carelessness of another business or individual.

Various sorts of accidental injury claims are filed every year. Most of these claims include medical negligence, workplace accidents, slip and falls, as well as automobile accidents. An increasing number of accidental injury claims are being registered against companies who’re supplying faulty items that trigger injuries. The particular purpose behind filing an injury claim is to get financial compensation due to the accidental injuries that have been obtained. This particular amount of payment is based on the degree of the injuries and lost income or loss of a job.

When searching for a legal professional, remember that not all attorneys specialize in an injury lawsuit. You will need to look for an attorney who does. The attorney should also specialize in a particular type of injuries as well. It’s certain that the insurance providers will have a lot of attorneys who’re experienced in injury law and understand it well. That’s the reason you’ll need a legal professional who’s equally skilled and well-informed.

You’ll have to get an attorney at law who has a number of medical experts at their fingertips that will strengthen your case.

The attorney should have the understanding to cases which are akin to yours as well. Considerable time will certainly be spent preparing for personal injury claims. Law firms have to be in a position to relieve the emotional stress by declaring actions as appropriate, obtaining eye witness assertions, as well as care for conclusions.

Author: Michael Wright

About the Author

- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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