Are Lawyers Your Best Friend?

[Just Plain Jeff]

Having experienced carpal tunnel syndrome from NOT writing on many of the discussions in this thread, like to share an experience.

Last spring I concluded a six-year litigation.

Keeping it simple:

As we all know, money rules over the law, so that one can get settled very quickly. The supposed task of lawyers is to avoid liability, first for themselves, and hopefully for their clients as well.

One of the observations that I witnessed was that lawyers do their work between themselves on the phone and in person that their clients never get wind of. They trade case values back and forth, pick judges and venues that favor their litigation.

It is very difficult for lawyers to get past an insurance policy--at least in the case I was involved in--to get at the assets of an individual, even in the case where a Defendant has substantial assets.

The more qualified a driver may be, with a higher license qualification, that could be perceived that as a Defendant, they would be more qualified to avoid a lawsuit, rather than less. In other words, it's better to have a regular license than a CDL, for example, as a defendant would be treated as a 'better driver,' and open to increased liability.

If you haven't had the wonderful opportunity to be in a deposition (which for some odd reason I kinda like), it can be compared to a root canal and colonoscopy at the same time without anesthesia.

As owners of what are perceived to be tres cher coaches, POG coach owners are moving targets for lawsuits. Maybe you have seen a leased Lexus following you around? That could be a contingency-based Personal Injury lawyer.

Those folks may not be your best friends.

[win42]

Jeff:Thank you for backing up my final statement on drivers license classes.

The only reason you enjoy sitting through depositions is some other soul has his a-- on the line and you are sadistic enough to enjoy watching him sweat. Besides you get to write down more long winded words you can use to bore us with. Keep smiling!!

[Just Plain Jeff]

Hey Harry YOF: I love depositions because the lawyers are not as prepared as they should be due to their double-billing and many conflicts of interest that occupy their lives. They expect a guy to screw up and give them more information than they asked for.

This may be shocking to you, but there are times when I say very little.

Infrequently.

[BrianE]

The more qualified a driver may be, with a higher license qualification, that could be perceived that as a Defendant, they would be more qualified to avoid a lawsuit, rather than less. In other words, it's better to have a regular license than a CDL, for example, as a defendant would be treated as a 'better driver,' and open to increased liability.

Jeff,

Your reasoning makes perfect sense. If I understand correctly, it follows that in the future airlines should hire private pilots to fly their airplanes. They might have a few more accidents but would be more able to defend themselves against being sued. Great idea! :eek:

[Just Plain Jeff]

Brian: Are you SURE you aren't a lawyer? :D

Hmmm.

[0533]

Brian: Are you SURE you aren't a lawyer? :D

Hmmm.
Hello Jeff,

I agree with your logic Jeff. I would rather have a regular license that covers me in my Prevost than a CDL if I were in an accident, especially if it were my fault, same goes in an aircraft, that is if I lived through a crash, I think the pilot with an ATP who makes a gear up landing at his home airport and messes up the field will suffer the financial wrath more quickly than the private pilot will. There is lower expectation of both the private pilot and the regular licensed Prevost owner, lower standard means as long as he is legal, than it is more likely just an accident.

[Jon Wehrenberg]

I'm with Brian. I also have an ATP and a class A CDL. I would rather not dumb down. Completely disagree with the "logic" expressed here.

[0533]

Each of us will have an opinion, in my case there is a little wishful thinking, I do not hold either a CDL or an ATP. I had to struggle to pass my IFR. But I think it is worth noting what the Industry says about the benefits and pitfalls of having the commercial license. Check out this link to "Land Line magazine" the business magazine for professional truckers, it is about CDL licenses, and traffic violations both in the commercial truck and in private vehicles.

http://www.landlinemag.com/todays_news/Daily/2002/Aug02/080502/080502-01.html

[BrianE]

Bruce,

Thanks for joining up. You obviously enjoy joining the "battle". Your admission that you backed up your private ticket with an instrument rating however reveals your sincerity in taking the right path to protecting the safety of yourself and your family. By the way, an instrument rating doesn't come easy for anyone and it enjoys the highest first-try failure rate of any rating. Congratulations on your attaining the professional standards required to reach this higher level of competence.....which incidentally, is also the main reason for going through the CDL process.

[0533]

The reason I got my IFR was because I didn't want to die. I had decided to purchase a new Turbo Arrow back in 1979 with all the goodies (back then), and only had my private. After picking it up at the factory in Vero Beach Fl. and making my way back to New England I quickly realized that I did not belong in that aircraft without the proper instruction and Certificates. It is a lot easier to learn to retract the gear than it is to make an IFR approach into Nantucket Ma., where I had a business at the time. For me, it was self preservation. If I find that driving my Marathon with only my current license places me or my family at risk because I haven't learned enough to be completely satisfied that I can manage the road and all it has to dish out, then I will consider advanced training. I never say never about much, but my hope here is to become as proficient as possible with this coach. I do not consider myself an expert in the technical side of things, but have a pretty good track record for learning, mostly overcoming and working around my other flaws.

[Jon Wehrenberg]

Bruce, with all due respect you can drive your bus as easily as you can drive your car. If you learn how to make turns without the rear wheels crossing over the sidewalk you are likely to handle the rest of it well enough.

But have you learned how your brake system works? Do you know how to verify the brake system is OK before you begin to drive? Do you know what your tire pressures are supposed to be, and how do you know that?

Personally I like sharing the road with folks that have taken the trouble to insure they can stop, have taken the time to make sure they won't have a blowout, and who are very clear on the limits of the bus they are driving.

I think that as drivers of vehicles that weigh 10 times that of the average car we have a duty to the other drivers. In a plane you get to kill yourself and your passengers. In the bus it is the other folks who pay for your errors.

I don't mean to piss you or others off, but I feel strongly about each of us being able to demonstrate the skills necessary to drive our coaches.

[0533]

You give me too much credit Jon. This is the very reason that I joined the Prevost Owners Club, to gain the additional information and skills that will allow me to be a better, safer and smarter owner. I have already learned much from these forums, and almost feel guilty with all that I have taken away, verses what I can offer. As I said before, my technical skills are marginal, but I know that once I start to immerse myself in the coach, much of the unknown will become clearer. I promise that when I pickup my coach in Feb. at the factory and head toward one of the rallies you all have arranged, I will give each of you a heads up before I role into the park so that you can get all of the women and children inside.

[Jon Wehrenberg]

Bruce....Going to be at the FL mini rally? If so I will show you how your brakes work. If nothing else that is critical.

[0533]

I unfortunately will be in DC. moving my son out of his apartment. I live about 30 miles south of the Fl. rally, will be back over the weekend, maybe drive up and show you my parking skills. Truthfully, I wouldn't have purchased a Prevost if it were easy, no fun if you can't learn new things. Isn't this why you own one anyway. I once purchased a 109 ton trawler that had a 10 foot draft, 20 foot beam and wanted to take her around the world. I had only set foot on it once before i left the dock in NYC for Annapolis. My nephew, who had just return from the first Gulf war as a tank commander asked me as we were heading under the Verazzano Narrows Bridge how much time had I spent a sea with the boat. I think we all love to do new things, and hopefully we all have our heads screwed on tightly and are capable of handling what we are able to pay for.