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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

3,113 total


  • What are my options to fight the citation, and to fight the findings in the police report? What about damages and loss of work?

    I was involved in a car accident with a police officer. I entered the intersection with a green light and they had a red light. I was hit on my drivers side door with the front of their car. I read the police report and they are stating that th...

    Richard’s Answer

    You need to fight the ticket, and for that you need a lawyer who handles traffic tickets or you need to do something like take a defensive driving course to get the ticket dismissed. For sure you must not plead guilty or have a trial in which you are found guilty.

    After that, if you were hurt, you need a board certified personal injury law attorney to look at your case and see if a claim can be made. Note that you have a 90 day time limit to give notice of a claim in Houston and it must be in proper form. So if you were hurt, get the lawyer now.

    If you were not hurt, then after dealing with the ticket, turn everything over to your insurance company and let them hassle with it instead of you.

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  • What happens in a Rule(16) management conference in Federal Court? All the parties has to attend or only attorneys?

    Is the Rule(16) management conference/meeting is a mandatory meeting set by Court/Judge? Can any party not attend or do not want the conference/meeting? Plaintiff wants to have the conference but defendant do not want it. Who has control/say ...

    Richard’s Answer

    The conference will be set by court order. Usually only the attorneys and parties without an attorney must show up. Federal court also has mandatory disclosures and mandatory discovery conference reports, so there is no advantage to not having the rule 16 conference. Besides, the only thing that will happen at the conference--usually--is to set deadlines and schedule a trial date. Sometimes the court may rule on some motions, but that is rare.

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  • My question is, who is liable for the damages to my vehicle? The pallets of grass should not have been left in the street.

    I was visiting my brother that lives in a new construction neighborhood. The following morning, I put my car in drive (which was parked in the cul de sac) and BAMN!!!, I had ran directly into pallets of grass. The grass was left in the street of t...

    Richard’s Answer

    Unless it was still dark or there was some other reason you could not see the pallet, it is a tough claim to make. If you have full insurance coverage, you have comprehensive insurance that will cover the repair after a deductible.

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  • Possible injury claim lawsuit, scare tactic or should I get my own attorney now?

    My wife was in an accident last year that was deemed her fault, was making a left hand turn and didn't see the oncoming car and hit. Both cars totaled, no major injuries nor ambulance. Earlier this year the other driver attorney sent a letter ...

    Richard’s Answer

    Your insurance company will handle it, so no need for your own lawyer. If the other side has offered to settle for policy limits and Progressive refuses, then if the other side gets a judgment for more than that, you can sue Progressive for refusing to settle. It is called the Stowers doctrine. But it is way too soon to worry about that.

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  • Am I really screwed in this case? Do have to pay my own deductible and is my personal injury case no good with my insurance

    I got t-boned by customer driving out of Walmart this young girl does not have a driver's license that you have legal status here in the United States but she did have insurance.. she pleaded with me with me not to call the police I felt bad so I ...

    Richard’s Answer

    If you have full coverage, you may have an uninsured motorist claim against your insurance. You may also have personal injury protection coverage and even med pay coverage. There is a deductible for collision, but your insurance company will often go after the other driver to help you get it back (as well as what they paid). If you have cut-rate garbage insurance, then you may be screwed.

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  • Motion after motion and request for extension of trial

    Defendants Counsel filed numerous motions in the month of November. Traditional Motion for Summary Judgement, Defendants Second Plea and No-Evidence Motion. The trail court did have to cancel the hearing for the motions due a longer than expecte...

    Richard’s Answer

    I take it you don't have an attorney to ask these questions. It is impossible to answer without knowing a lot more about the details. You can oppose a motion to reschedule. Just tell them no.

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  • How to handle at fault driver insurance company request for a release of med history

    I was involved in a accident while at work. Seeing I just started this job wc payments was not gonna be enough to survive. I stayed off work 4 days. My income suffered by $3000 that month. Seeing that my case is so small I can't find a lawyer...

    Richard’s Answer

    You can do whatever you want and they can demand whatever they want. The problem is that if a suit has not been filed, there is no judge to make them do anything. If your case is small, consider filing in small claims court, where people can represent themselves and the judge can be helpful. But be prepared for the fact that the other side will show up with a lawyer and can appeal any judgement to start over in county court. Good luck.

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  • Do you think I have negligent case or malpractice case?

    Hello my name is Leticia Sotelo ,I wanted advice on a situation that occurred back on July 19 when I went on a routine mammogram. On that day as the procedure was being done I went with good spirits and feeling fine till the actual procedure was b...

    Richard’s Answer

    You will need to talk to a lawyer who handles medical malpractice as this involves medical procedures. These are difficult cases, so don't get your hopes up. Healthcare companies and doctors own the legislature and have restricted these kinds of cases to the point of being almost impossible.

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  • What can we do to a hit and run offender.

    A guy hit my wife's car on the road and took off. A few miles later he had a conscience and called it in. The police are saying we cannot press charges for a hit and run since he eventually filed the report. Is there anything we can do so this guy...

    Richard’s Answer

    Your wife may make a claim for injuries if her's were bad enough. Failure to stop and render aid is a crime not a civil duty, so you have no control over that. I feel your anger, but the police are probably right about the law.

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  • See above

    I received a 2nd degree burn, a blister and skin off my lower lip, and blood-red inflammation from my lower lip down inside to gum from biting into a Starbucks turkey/pesto wrap sandwich. I had just come out of the dentist office with my low...

    Richard’s Answer

    Almost no chance. No lawyer would take the case, Starbucks will not pay anything, and a jury would likely find you more at fault than Starbucks (if the jury didn't find you fully at fault). This is only based on what you have said here. Without some additional fact, there is nothing Starbucks did but sell you a hot sandwich, which is what you wanted.

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