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Re: Challenge: Answer Me This Court Question?


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I offer you this challenge based on an earlier fatality where a motorist crashed into the rear of a tow truck and was killed.


OK ... you're nervously seated in the star witness box in a tow-related, wrongful-death scenario. You've been named in a high-dollar lawsuit by the family of a DUI motorist who ran into your car carrier while you were parked on the shoulder, emergency amber lights on and six-cones in-position. You were there to tow a car that had no spare. You are asked this very pointed and important question ... "Mr./Ms. Tower, why were you parked on the shoulder and can you describe (if any) what hazards exist." How would you respond? If you're so bold to respond .. do consider the purpose of TIM training and its importance to testimony.  


Keep in mind ... your testimony is key as to the results of the final judgement. And no ... I'm not an attorney and this not any attempt to practice law.   R.

Randall C. Resch

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I would open my response by stating that I was legally parked on the shoulder of the road in the course of legal business for the purpose of assisting a motorist who had suffered a mechanical issue to their vehicle and was in need of immediate assistance due to their being at risk by being in the side of an active roadway. After the third objection from the plaintiff attorney, I would continue by stating that I had mitigated the apparent risks to the best of my abilities by being legally parked to maintain a clear lane adjacent to the scene, I had activated my emergency lighting to warn potential distracted drivers of my presence as well as the presence of a pitential hazard. And I would close by stating that I worked as efficiently as safely possible to remove my presence from the scene so as to not be placed in jeapordy from an impaired or distracted driver who, in the course of, and as a result, of their impairment or distraction were a deadly threat to my person.

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