Author: koesterlegal

Record Trucking Accident Settlement

In one of the biggest personal injury settlements in Pennsylvania history, a family that suffered death and injuries after being rear-ended by a tractor trailer has received a $26.1 million settlement.

In 2010, the three Plaintiffs were driving on I-80 in Pennsylvania when they came upon stalled construction traffic. While Plaintiffs were stopped on the highway the Defendant tractor trailer driver failed to stop and slammed into the rear of Plaintiffs’ car at over 70 miles per hour. One Plaintiff was killed instantly and another suffered a TBA (traumatic brain injury).

The driver was operating his tractor-trailer for GLC Transportation Inc. and Great Lake Cheese companies in Ohio and New York. The amount of the settlement is primarily based on the wrongful death and lifelong injuries and care ($8 million life care plan) which resulted from the collision. In addition, it was shown that the tractor trailer driver ignored construction signs as he pressed his rig in excess of 72 miles per hour in the construction zone.

Obtaining a settlement of this magnitude is the result of a huge amount of work on the part of tractor-trailer and truck injury attorneys. Many truck drivers and trucking companies maintain only minimum trucking insurance limits of $750,000-$2 million. The trucking accident attorneys of the Law Office of Kyle Koester are familiar with trucking insurance and Federal Motor Carrier Safety Regulations which help those injured in truck accidents access multiple levels of insurance coverage in trucking cases. By holding truck drivers, trucking companies, trucking brokers, and sometimes even the shipping customers, accountable for negligent brokering, negligent loading or illegally ordering truck drivers to speed or to drive while fatigued additional layers of insurance coverage are triggered. If you or a loved one has been injured due to a negligent or reckless truck driver – make sure you hire an attorney experienced in trucking accidents. Remember -a trucking accident is not just another car wreck.

How Do Pre-Existing Medical Conditions Affect Your Personal Injury Case

I regularly speak with new clients who have medical conditions that predate their motor vehicle collisions. Over time, I have also represented clients who have been injured in two and even three separate accidents. Each one of these clients has the same question: What effect will my prior medical history have on the outcome of my personal injury case? While the question itself is straightforward, the answer can be surprisingly complex.

Under the law of Virginia, every plaintiff in a personal injury case is entitled to seek full and fair compensation for their bodily injuries; the medical expenses incurred as a result of those injuries; the associated pain, suffering, inconvenience and mental anguish; and any lost wages. Importantly, each one of these damages must be proven by a preponderance of the evidence. This means that when the value of your claim is negotiated with an insurance adjuster or your personal injury case is tried before a judge or a jury, we have the burden of proving that the accident caused the specific injuries we are claiming.

From a purely legal perspective, the defendant takes the plaintiff as they find them; thus pre-existing conditions should have no impact on a personal injury case. From a practical perspective, however, if you had a bad back before the accident, it can be somewhat difficult to establish that the motor vehicle collision caused your current back pain. Almost without exception the insurance adjuster assigned to your claim or the defense attorney assigned to your case will identify your pre-existing medical condition as the single largest obstacle in your path to financial recovery.

Accordingly, the best way to meet our burden of proof is to present a clear and well-documented depiction of your physical condition both before and after the collision. While your testimony on these issues is vital to the success of your case, corroboration from your treating medical providers can make all the difference in the eyes of an adjuster, the court or a jury.

In the immediate aftermath of an accident, it is important that you describe your current physical condition to the first treating medical provider that you see and explain that you were injured in a motor vehicle collision. This will help to establish that you are suffering from new injuries that were caused by a distinct traumatic event.

I next recommend that my clients return to the treating medical provider who knows their pre-accident condition the best and explain the difference in both the location and degree of their pain as clearly as possible. For example, if you were recovering from a neck surgery at the time of the accident and had 3 out of 10 pain, but after the accident you have 8 out of 10 pain on both sides of your neck, go back to your orthopedist and explain that as a result of a motor vehicle accident you now have 8 out of 10 pain on both sides of your neck. That provider will either recommend a course of treatment to adequately address your new injuries or will refer you to another medical provider best suited to address your current medical needs. In either event, that physician can later testify about any aggravation to your pre-existing medical condition caused by the collision and explain what effect the accident had on your “baseline” physical condition.

It is similarly important to document the quality of your life both before and after the accident. If you were on the road to recovery, returning to regular employment, starting to do more work around the house or beginning to engage in more strenuous physical activity before the collision but had to stop as a result of the accident, this dramatic change in your lifestyle speaks directly to your damages. Identifying witnesses such as a spouse, close friend or co-worker who is familiar with your progress and subsequent regression can cement a before and after comparison in the minds of anyone tasked with evaluating your case.

While pre-existing medical conditions may seem complicated, painting a clear before and after picture through careful documentation from medical providers and the testimony of independent witnesses is relatively simple. The law pertaining to personal injury cases in Virginia is designed to protect people who are injured through no fault of their own – whether those people had pre-existing medical conditions or not. Structuring the presentation of your claim with a focus on the before and after can mean all the difference in obtaining a full and fair recovery.

If you or someone you know has aggravated a pre-existing medical condition in a motor vehicle collision, the experienced attorneys at The Law Offices of Kyle Koester are happy to assist. Call us for a free consultation.

Drug Possession Atlanta | Atlanta Criminal Lawyer

Drug Possession Lawyer Atlanta

Drug possession lawyer Atlanta – Drug possession laws state that it is a crime to possess illegal controlled substances. Some examples of these include marijuana, methamphetamines, cocaine, LSD, heroin, etc. Drug possession laws can also include paraphernalia. The laws surrounding these charges are tricky and should not be faced without a good criminal defense lawyer.

The laws and penalties can vary based on the type of drug, the amount, and your location. Although these charges are serious, the burden of proof lies with the prosecutor and the prosecutor must be able to prove beyond a reasonable doubt that you knew the drug was illegal and that you knew you were in possession of it. Drug possession charges fall into two different categories- simple possession and possession with intent to distribute.

Simple possession indicates that you were only in possession of an amount small enough for personal use, while possession with intent to distribute indicates that you were in possession of a much larger amount. Possession with intent to distribute carries much harsher punishments and penalties.

Although these charges should not be taken lightly, there are several ways your defense lawyer can help build a good defense for you. The first is unlawful search and seizure, which is a violation of your Fourth Amendment rights. Another is to build the defense that the drugs belonged to someone else. If you did not know about or have control over the drugs, it will be much harder for prosecutors to prove the charges. Crime lab analysis and “missing drugs” are also good defenses. The drugs must be sent to a crime lab, be tested, and test positive for the drug prosecutors are claiming you had possession of. The crime lab analyst must then come testify at your trial. Similarly, prosecutors should be able to produce the drugs at your trial as evidence in order for you to be prosecuted. Other defenses that can be used but are harder to prove are that the drugs were planted and entrapment.

Kyle is a skilled criminal defense lawyer and has successfully defended many clients against drug possession charges. He will take the time to go over all the facts of your case and build the best defense possible for you. He knows some drug possession charges are best negotiated with a prosecutor while others are best handled through a trial. Call Kyle today and he will work with you to achieve the best possible outcome for your case.

Statutory Rape

The term statutory rape is familiar to most of us, but what exactly is it? The term statutory rape refers to any sexual relations involving someone below the age of consent. Legally, someone below the age of consent cannot give his or her consent to having sex or engaging in sexual acts. Therefore, someone who engages in sexual acts with someone below the age of consent has violated the law. In Georgia, the age of consent is 16.

These laws vary from state to state and each state sets its own age of consent. States also punish violators of this law under different laws including sexual assault, rape, unlawful sexual intercourse, and carnal knowledge of a child. There are not many federal laws that address statutory rape. The federal government has let the states make their own rules regarding this topic.

Generally, when we hear the word rape we associate the act with some kind of physical force. Statutory rape does not have to involve any kind of force. Statutory rape is very different from other types of rape and child molestation because the act would generally not be a violation of the law if both participants were above the age of consent. Since someone under the age of consent legally cannot consent, the act becomes a crime whether or not force has been involved. If force was involved in the act, states may choose to prosecute the offender differently. In this case, the offender may face much more severe charges (perhaps child molestation or aggravated rape).

If you have committed statutory rape, you may be facing a variety of different charges. Your charges can range from a misdemeanor to a felony. There are many factors that influence what type of charge you may be facing. These charges include the age of the victim, the age difference between you and the victim, prior sexual offenses, and whether the incident involved alcohol or drugs.

Punishments for statutory rape can also vary widely. Your punishment for statutory rape could include jail time, probation, harsh fines, counseling or other treatment programs, and the requirement to register as a sex offender.

Some states also have what are called “Romeo and Juliet Laws” which refer to sexual relations involving parties who are both below the age of consent or when an offender is very close in age to the person under the age of consent. These laws vary greatly from state to state. In some states these laws can provide the opportunity for a defense against criminal charges and in other states they simply lessen the offense and punishment.

In some states, people in certain professions who have knowledge of statutory rape are required to report it to the police. These professions may include teachers, doctors, and public employees.

North Georgia Miranda Rights Lawyer

Miranda Rights and Your Right to an Attorney

The now famous “Miranda Rights” stem from a court case in 1966 called Miranda v. Arizona. These rights provide restraints on interrogations conducted by law enforcement officials. You need a North Georgia Miranda Rights Lawyer to protect your Miranda Rights.

The Miranda rights are as follows-

You have the right to remain silent
Anything you say can be used against you in a court of law
You have the right to have an attorney present now and during any future questioning
If you cannot afford an attorney one will be appointed to you free of charge

Perhaps the most important of the Miranda Rights is the right to have any attorney. This is to protect you from self-incrimination (your Fifth Amendment right).

If you are arrested or otherwise detained it is crucial that the law enforcement officials interacting with you inform you that you have the right to have an attorney present during any and all questioning. However, attorneys are expensive and during Miranda v. Arizona the Supreme Court declared that if you cannot afford an attorney one must be made available to you anyhow.

Once you have invoked your right to have an attorney present, the police may no longer continue questioning you. They must stop any and all questions until your attorney is with you. Not only does your attorney have to be with you for any future questioning, but the police are also required to give you a chance to have a meeting with your attorney without their presence.

Do not forget that you CAN be arrested without being read your Miranda Rights. Miranda Rights must only be read to a suspect before the police interrogate you. If you answer any questions asked by the police without being read your Miranda Rights, your statements may not be used in court. However, there ARE some questions the police are allowed to ask you without having read your Miranda Rights to you.

These questions include-

Your name
Your address
Your date of birth
Your social security number
Any other questions needed to determine your identity

It is important that you are aware of the rights granted to you by Miranda v. Arizona in the event that you are arrested or detained. If you believe your Miranda rights have been violated contact Kyle today!

Call 770.744.5250 for a free case evaluation!

Domestic Violence Lawyer

A Domestic violence lawyer can help answer questions regarding the charges you face. Domestic violence charges can carry stiff penalties and are taken very seriously. Being convicted of a family or domestic violence crime can tarnish your reputation for the rest of your life.

Hiring a good criminal defense lawyer quickly is very important. Domestic violence crimes refer to acts of violence committed against a family member or a person living in your household.
Domestic violence acts can be applied to many relationships- married and unmarried heterosexual couples, married and unmarried homosexual couples, people who are simply living together, or people who are simply dating.
Typically, domestic violence involves crimes that are repetitive and can include allegations of physical and psychological abuse. Domestic violence is an umbrella term consisting of more specific charges that can vary based on the severity of the injuries sustained, whether or not a minor was present, and whether a protective order was in place and violated. Domestic violence can take several forms- physical abuse, psychological abuse, emotional abuse, sexual abuse, and economic abuse.
Domestic violence charges can include battery, assault, violation of a protective order, stalking, and aggravated stalking. Penalties for these charges may include jail time, probation time, stiff fines, no longer being able to see certain family members or your children, and even loss of your Second Amendment rights. Because these charges are so varied and penalties are so harsh it is imperative to hire a good criminal defense lawyer. Kyle is extensive experience handling these types of cases and will build the best defense possible for your unique case.

Can Sexting be a Sex Crime

Can Sexting be a Sex Crime?

Sexting Criminal Defense Lawyer

The word “sexting” is a relatively new term, but it has quickly infiltrated our society. Even many of our grandparents are familiar with the term. The act of sexting has become popular with people of all ages, but particularly so with teenagers. With the use of social media ever on the rise, there are multiple outlets for teens to share their sexts through. These sexts can then be seen by all of their friends and many other online users. With sexting on the rise, the potential for people to violate child pornography laws has grown exponentially.

Crimes committed through social media are prosecuted by using existing laws. The federal definition of child pornography is “any visual depiction of sexually explicit conduct involving a minor”. The state of Georgia has a law specific to child pornography occurring on a computer called the Computer Pornography and Child Exploitation Prevention Act of 1999.

The application of child pornography laws becomes somewhat muddled. An adult who takes a sexually explicit photo of a minor and shares it through a social media outlet has obviously violated a child pornography law. Many states are taking it a step further and prosecuting minors for child pornography as well. If one minor receives a sexually explicit photo from another minor and forwards it on, without permission, to another minor, that can be a violation of child pornography laws as well. Unfortunately, there is no clause in the child pornography laws exempting minors from being subject to prosecution even if they took photos of themselves willingly.

Child pornography laws are ever changing and under increased scrutiny with social media and the popularity of the selfie on the rise. Prosecutions for violating child pornography laws are on the rise and penalties for violating these laws are becoming stiffer. One of the gray areas of the child pornography laws as they stand is the subject of possession of child pornography. Social media outlets are able to store larger and larger amounts of images for indefinite amounts of time. Viewers of these images no longer have to download them directly to their computers since they can simply view them as they are stored through the social media outlets. Does this constitute possession?
Kyle Koester has successfully defended clients against child pornography charges.

These charges can be serious and complicated. Call Kyle so he can get to work on your case today!

Call 770.744.5250 Today!

Boating Under the Influence

Boating DUI Lawyer

Many of us know our state DUI laws, but how many of you know your state BUI laws? BUI stands for boating under the influence, and in the state of Georgia the BUI law is nearly identical to the DUI law. Unique to the Georgia BUI law is the “10 day” clause. You only have 10 days to appeal the suspension of your right to boat in Georgia. If you do not appeal within 10 days, you will automatically lose your right to boat in Georgia. This suspension could last for up to one year. Other consequences of a BUI are similar to those of a DUI. You can face jail time, stiff fines, increased insurance rates, and a permanent criminal record. Over half of all boating accidents are directly related to alcohol or drug use and states are cracking down on enforcing BUI laws. Getting a BUI is just as easy as getting a DUI. You can be pulled over for a “traffic stop” on the water just like you can on the road, and oftentimes checkpoints are set up on the water just like roadblocks are on the road.

Consequences of a BUI are similar to those of a DUI. Getting a BUI can give you a criminal record that will follow you for the rest of your life. You can have your boating license suspended, and for repeat offenders your driver’s license can be suspended as well. There are also high fines associated with receiving a BUI and a judge could also order you to take an alcohol and drug-counseling course. Some repeat BUI offenders can even get charged with a felony. BUI penalties often become harsher if minors were present during the BUI.

Don’t let yourself face stiff consequences and your right to boat in Georgia. Call Kyle today so he can begin working immediately on your case.

770-744-5250

Shoplifting cases are very high risk cases

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