Wayne Cohen - Lawyer | How To Avoid A Car Accident In The Washington DC Metro Area On Oily Roads In The Rain

How To Avoid A Car Accident In The Washington DC Metro Area On Oily Roads In The Rain

As residents of D.C., Maryland and Virginia know well, the early summer months in our area are characterized by a mixture of sudden thunderstorms and intense sunshine. Although the dangers of winter driving are over, summer weather has its own risks and challenges. It seems obvious that rain would contribute to perilous spring and summer driving conditions – hours of rain can flood the roads, and any storm makes it difficult to see. But after years of handling car accident cases, personal injury attorneys know that the real danger is in the first few minutes after rain has hit the road.

Over time, roads build up a layer of detritus on the surface – a combination of dirt and oil from cars and from new asphalt. When it begins to rain, the oil that has been soaked up by the road starts to wash out. The rain brings the oil to the surface where it sits on top of the water, creating incredibly slick conditions. After a long period of dry weather has allowed large amounts of oil to bake into the road, it will take even longer for the oil to be washed away – so use extra caution when you know it has not rained recently. Oil buildup tends to be worst at intersections, where cars are frequently stopped and oil can puddle on the road. As the rain continues, the oil gets washed off the surface and the road becomes less slick. However, don’t forget that the longer it rains, the more water accumulates on the road. The oil may be gone but it is still easy to hydroplane. Many car accidents are caused by unsafe driving in wet conditions – an estimated 10% of the car accidents that result in injury happen during rainy weather.

If you are driving when rain starts falling, remember to be especially attentive. Slick roads mean that it will be more difficult to slow down, so you will need to apply your brakes sooner than usual when coming to a stop. Give extra distance behind other cars to avoid rear end collisions.  And if you have been involved in a car accident, call the experienced  Washington DC personal injury attorneys at Cohen & Cohen, P.C. to discuss your case.

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.
1220 19th Street, NW
Washington, DC 20036
202-955-4529

Wayne Cohen - Lawyer | Attorney: GM Ignition Switch Issue

At Cohen & Cohen, P.C., our clients are people who have become victims because of accidents, mistakes, and other misfortunes that are out of their control.  We deal with the results of these unnecessary tragedies every day, and we know that an accident that takes place over several seconds can burden someone for a lifetime. Far too many people are injured, or even killed, because of mistakes that could have been easily prevented – like the driver who didn't check his blind spot, or the doctor who dismissed a chest cough.

The millions of vehicles recalled by General Motors in the past month is a classic example of the nightmares the can result from a preventable oversight. Six GM car models from the past 11 years have been recalled due to problems with the ignition switch. The defect causes the ignition to move out of the “on” position, cutting power to the engine and resulting in locked brakes and steering, and preventing the airbags from deploying. 13 deaths and 31 crashes have been linked to the ignition problems. GM was aware of the possible fault with their ignition switches as early as 2004, when an investigation was quickly opened and closed due to the cost of fixing the problem. At the time, GM decided 57 cents was too much to pay for a new part to fix the switches. Ten years later, multiple deaths and accidents are being attributed to that single unfortunate decision.

In Congressional hearings held on April 1^st to examine GM’s delay in action, Mary Barra, CEO of GM, and David Friedman, head of the National Highway Transportation Safety Administration, both gave testimony. Barra, who became GM’s CEO in mid-January, testified that while the reasons behind GM’s decisions were not yet known, they would be investigated fully. She also said that no one at GM had been terminated or found liable at this time. Emphasizing the new consumer-over-cost culture at GM, Barra stated, “It’s not acceptable to put a cost on a safety issue.”

David Friedman of the NHTSA was also called to testify on the agency’s shortcomings in investigating the potential defect. NHTSA received hundreds of complaints about the cars, but according to Friedman, none of them “stood out” when compared to other vehicles. For this reason an investigation was never conducted. Friedman also noted that GM had not provided information that has since allowed the NHTSA to definitively connect the ignition defect with the air bag non-deployment that contributed to so many fatalities.

The continued investigation of GM, both internally and by members of Congress, will hopefully help to bring answers and justice to the victims of this needless tragedy and their families. 

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.

1220 19th Street, NW
Washington DC 20036
202-955-4529

Wayne Cohen - Lawyer | Attorney: Hearsay

Hearsay By: Wayne Cohen, Lawyer & Attorney

We’ve all heard it in movies, “Objection, your honor!!  Hearsay!”  But what does that mean?

Hearsay, especially in a car accident case, is one of the most confusing rules of evidence that law students have to learn, and one of the most useful rules for an attorney to have at trial.  Hearsay is a rule of evidence that prohibits certain types of statements from being introduced at trial.  Hearsay can be best thought of “he-said she-said” statements.  Hearsay testimony is prohibited when a witness repeats an oral or written statement, or nonverbal conduct, made outside of the trial by another person and presented to the court as true.  In other words, if you hear someone say something, you cannot say it to the court. Finding out these statements often occurs during a deposition with a court reporter.

You may wonder why courts have this rule.  Our court systems try hard to ensure that any and all information presented before the court is as true and accurate as possible while also ensuring that trials run efficiently.  If hearsay were allowed to be introduced at trials, testimony could be introduced that is not true and accurate, or witnesses could go back and forth bickering over who said what.  To avoid these pitfalls, courts do not allow the introduction of hearsay, and instead limit testimony to things that a witness knows from firsthand knowledge.

There are exceptions to rules of hearsay.  Here are some of the most common hearsay exceptions in DC.

·         Statement against interest - A statement by the opposing party admitting something that is not in his best interest.

·         Excited utterance – If someone says something without thinking, but as an instinct or reaction.

·         Deathbed statement – A statement made when a person reasonably and honestly believes they are about to die about the circumstances of their death.

·         Statement for medical diagnosis – A statement made by a patient to a doctor for the purpose of the doctor diagnosing a condition or administering medical treatment.

·         Present sense impression – A statement made while or immediately after a person perceived an event or condition (such as live tweeting!)

·         Declarant unavailable – If the person who made the statement is not available to come to court, must often because they are dead or physically or mentally ill, their statement may be admitted anyway.

Although rules of evidence vary from state to state, hearsay is one of the rules that is virtually the same across the country.  Whether you’re in DC, Maryland, or Virginia the definition of hearsay is almost the same … but be sure to check the specific rules with a lawyer.  If you would like to know what you may or may not say during trial, you should call and ask your attorney.

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.

1220 19th Street, NW

Washington DC 20036

202-955-4529

Wayne Cohen - Lawyer | Attorney: What Is A “Soft Tissue” Injury?

What Is A “Soft Tissue” Injury? By: Wayne Cohen, Lawyer & Attorney

A soft tissue injury is essentially the kind of injury one typically suffers after a sudden impact, like in a car accident. The sudden impact can cause injury to the soft tissues on the neck, tendons and ligaments. Sometimes this is also known as whiplash, where an injury occurs when the body and the head make a whip like movement. Other than in car accidents, there are other situations that can cause soft tissue injuries. These can include a fall, sports activities, or just sneezing! Rear end and t-bone accidents will often result in some sort of soft tissue injury.

A whiplash or soft tissue injury can cause a great deal of pain because the neck becomes very sore making it hard to turn it sideways and limiting the range of motion. Other symptoms of whiplash can be a headache, dizziness nausea, and muscle spasms. No matter the kind of symptoms of symptoms you experience it’s important to seek medical attention immediately. If the soft tissue injury occurred as a result of a car accident or other liability claim, then you should consider seeking counsel from a car accident lawyer.

What will the personal injury lawyer help you do? First, the personal injury lawyer will help compile your bills and records. If there is an insurance company who is involved, then these will be summarized and provided. Second, the personal injury lawyer will help you negotiate a settlement. Third, if a settlement cannot be reached,  then the personal injury lawyer will need to litigate the case.

Soft tissue injuries can be difficult to prove in a case because they are usually not diagnosed easily with x-rays. Rather, they are subjective injuries for which diagnostic testing often does not help. That said, soft tissue injuries, especially after car accidents, can linger on well after an accident occurs.

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.
1220 19th Street, NW
Washington DC 20036
202-955-4529

Wayne Cohen - Lawyer | Attorney: What Is A "Retainer Agreement"?

What Is A Retainer Agreement?  By: Wayne Cohen, Lawyer & Attorney

When a client hires a lawyer, the relationship is typically memorialized in a document which is known as a "retainer agreement."  In a nutshell, these documents spell out the rights and responsibilities of each party -- meaning the lawyer, and the client.  Here are some things you should look for in a retainer agreement.

1.  Scope of Services

At our office, Cohen & Cohen, P.C., the retainer agreement sets forth what services the law firm will be handling for the client.  This will include, for example, the type of case and what work is being done.

2.  Fees

Fees must be identified in the retainer agreement also.  Are the fees on an hourly basis?  Are the fees on a contingency basis?  These types of things must be clearly articulated.

3.  Each State Is Different

The ethical rules surrounding a retainer agreement may be different in each state.  A prospective client can typically check his/her state's ethics rules, and these most often can found online.

Wayne Cohen is a trial lawyer.  He also currently serves as an adjunct law professor at the George Washington University School of Law.

Cohen & Cohen, P.C.
1220 19th Street, NW
Washington DC 20036
202-955-4529

Wayne Cohen , Attorney | Lawyer: 3 Things To Do In The First 30 Minutes After A Car Accident

Wayne Cohen, lawyer and attorney with his main office in Washington, D.C. Wayne Cohen has appeared on multiple television news shows, and in numerous newspapers and magazines.  For a full background, please go to www.cohenandcohen.net  Cohen & Cohen, P.C. / Washington DC

The first 30 minutes after a car accident can be very important.  Assuming you do not need immediate medical attention, here are 3 things which Attorney Wayne Cohen suggests you should consider doing.

1.  Get Information

You've got to get key information after a car accident.  This means that you obtain the name, address, phone number, email, and other critical information from the adverse driver.  You should also take down tag information, as well as any witness information.

2.  Call the Police

If you are not at fault in the accident, make sure to call the police.  You want to have the accident documented, and the police can help you do this.  This is true whether or not the car accident occurs in Washington, D.C., Maryland or Virginia.  

3.  Take Pictures

Taking pictures is very important after an accident.  You should photograph the cars, the location, the tag number of the vehicles, and anything else that you believe may become an issue in the case.  Additionally, if you have any visible injuries, make sure to take pictures of those also.  If you were to retain a personal injury lawyer then this may help you with the case. 

Remember, these 3 things should be done, but only if you do not need immediate medical attention.

By:  Wayne Cohen, Attorney / Lawyer,  Washington, D.C.

 Cohen & Cohen, P.C.
1220 19th Street, NW
Washington DC 20036
202-955-4529

Wayne Cohen, Attorney | Lawyer: What To Do When Driving Over A Bridge by

By Attorney Wayne Cohen of Cohen & Cohen, P.C.

As the summer of 2013 windows down, we'd like to share a few safety tips about you regarding driving over a bridge.  In July, Cohen & Cohen law firm client, Morgan Lake, was driving over the Chesapeake Bay Bridge when her car was struck by a tractor trailer.  The air bags deployed and she was catapulted over the bridge.  Thankfully, she was able to swim to safety.

Ms. Lake's case helps us look at a critical issue when driving over a bridge:  should the driver have her window down? There is quite a bit of banter on the Internet about this point, and there are some opposing views.  But here's where we come out, and why.

It is our conclusion that putting your windows down while driving over a bridge is a very prudent idea. If your vehicle falls into water, and the windows are up, you must either be able to roll the windows down, or break them.  Both of these take precious time, and can be very difficult to accomplish during a stressful situation.  On the other hand, if you car windows are down and your car becomes submerged, you can simply focus on extricating yourself from the vehicle. The only downside to this approach is that your car will be more buoyant with the windows up than with them down.

Wayne Cohen, Lawyer / Attorney, Contact Information

Cohen & Cohen, P.C.
1220 19th Street, NW
Washington DC 20036
202-955-4529