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Файл:Reading Comprehension in Law. Учебник для СПО
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As the driver was rounding the corner, he drove straight into another car which
was on the wrong side of the road. The driver lost control of the car and ploughed into
the other lane / overturned / drove into an oncoming vehicle / into a tree.
As the driver was overtaking another / went through a red light / he drove
straight into oncoming traffic.
A lorry jackknifed, spilling its load over the road.
A car skidded on a wet / oily surface and the driver lost control.
The brakes failed / the car driver misjudged the distance.
The car was speeding / doing 80mph in a 30mph area.
The driver was under the influence of alcohol / drugs / on his mobile phone at
the time.
The accident was due to pilot / human error.
3. The results of an accident
There were no fatalities (people killed).
Five people were taken to hospital with major / minor injuries / for shock.
The driver was shaken, but unhurt.
The passengers were escorted safely from the train.
Firecrews had to cut the passengers out of the wreckage.
The car was a write-off (the damage was so bad there was no point in claiming
insurance).
Fortunately, there was only minimal damage / we escaped with only a couple of
scratches on the bodywork.
Easily confused work:
A car accident and a car crash: Car accident is the most general term — it
can describe any type of accident, major or minor, and it can involve only one car or two
or more cars.
A car crash involves a collision — when a car hits an object with a violent
impact. We can also use “crash” as a verb — for example, the car crashed into a tree, or
the car crashed into a telephone pole.
4. Here are four specific types of accidents:
When two vehicles crash into each other while traveling in opposite directions,
we call this a head-on collision. This is one of the deadliest types of accidents.
On the other end of the spectrum is a fender-bender. This describes a small
accident with very minor damage to the cars involved.
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When multiple cars hit each other, this is called a pile-up. Pile-ups often occur
when the weather and road conditions are bad.
Sometimes a car hits a person, but instead of stopping, the driver of the car
drives away. This type of accident is called a hit and run.
5. Now we’ll look at four descriptions of accidents, and learn the verbs used
for talking about them:
1) I slammed on the brakes to avoid running over a dog.
To slam on the brakes means to try to stop the car very suddenly, often in an
emergency. In this case, the driver wanted to avoid running over a dog — the phrasal
verb run over is used when a car passes over an object, animal, or person.
2) The taxi sideswiped a parked car and then rear-ended a van.
Sideswiped means the taxi hit the side of the parked car while passing it. Rearended means the taxi hit the back of the van.
3) The driver lost control of the car and plowed into the guardrail.
Inexperienced drivers can lose control of the car, especially when driving at high
speeds, at night, or in bad weather. The phrasal verb plowed into is an alternative way to
say crashed into.
4) Lots of cars were skidding on the icy road, and I saw one that had rolled over.
The verb skid means to slide without control on a slippery surface like ice. If a car
rolls over, that means it turns upside down.
6. Factors causing car accidents.
Car accidents can be caused by a number of factors. Here are some of the most
common:
speeding — driving faster than the speed limit;
tailgating — this is when one car drives extremely close behind another car. It’s
dangerous because if the first car stops suddenly, the second car will not have time to
stop;
drunk driving — driving under the influence of alcohol. To test for the level of
alcohol in a driver’s blood, police use a breathalyzer test;
weather conditions — rain, snow, and ice can make the road slick or slippery.
There can also be poor visibility (difficulty to see) due to fog or darkness;
reckless driving — the word reckless means “not careful” — so “reckless
driving” means driving dangerously, not carefully — for example, people who change
lanes without using the turn signal, or who drive impatiently and without careful
observation or consideration;
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road rage — when a driver gets angry at another driver, and begins driving
aggressively;
distractions — when the driver is paying attention to other things — for
example, their cell phone — and not watching the road.
7. Results of car accidents.
Finally, let’s look at the results of an accident.
We can say the car is damaged and the people in the cars are injured or killed.
A more formal word for someone killed in an accident is a fatality — for example,
“there were three fatalities” or “luckily, there were no fatalities”.
One common injury in car accidents is whiplash — an injury to the neck due to
the sudden impact; when your head goes forward or backwards very suddenly. If
someone in the car wasn’t wearing a seatbelt, they could be thrown from the vehicle —
this means they flew out of the vehicle and landed some distance away.
When a car is badly damaged so that it can’t be driven, then it needs to be
towed — transported by another vehicle, which is called a tow truck. (Your car can also
be towed if you park in a prohibited area).
A car being towed by a tow truck.
There’s a special word for when the car is damaged so badly it can’t be
repaired — we say the car is totaled.
Finally, if the occupants of the car were shaken but unhurt, it means that they were
emotionally agitated (shaken), but they had no injuries (unhurt).
Exercise 28
Study the key vocabulary. Make sure you know all the words: car accident,
car crash, head-on collision, fender-bender, pile-up, hit and run, slam on the brakes, run
over, sideswiped, rear-ended, lost control, plowed into, skid, roll over, speeding,
tailgating, drunk driving, breathalyzer test, weather conditions, slick, slippery, poor
visibility, reckless driving, road rage, distractions, damaged, injured, killed, fatality,
whiplash, thrown from the vehicle, towed, tow truck, totaled, shaken but unhurt.
Exercise 29
Use the previous information and key vocabulary to answer the questions:
1. What should a driver do if he/she begins to lose control of the car?
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2. What would you do if another car was tailgating you?
3. What kind of laws or programs could help reduce drunk driving?
4. In your opinion, why does road rage exist?
5. When was the last time you drove in bad weather conditions? Describe the
experience.
6. What do you think should be the penalty for someone who causes a hit-and-run
accident?
7. What are the biggest distractions while you’re driving?
Writing
1. Car accident injury settlement.
Car accident injury settlement negotiations are initiated by sending a “settlement
letter” or a “demand letter” (two different names for the same thing) to the responsible
insurance company.
The demand letter sets the parameters and tone of the negotiations. Therefore, it is
essential that yours is thorough, professional and well-documented.
What Is Included In A Car Accident Demand Letter?
There should be two main sections in your demand letter. One section should
cover liability and show why you are legally entitled to recover damages. The other
section should explain in detail the damages you are claiming.
Liability.
Start by objectively explaining how the accident happened. Something like this:
On Tuesday, March 5, 2013, at about 10:00 a.m., I was sitting in my 2012 Toyota
Camry at a red light at the intersection of Grove Road and Foxhall Street, in London,
Texas. Suddenly, and without any warning, my car was rammed from the rear by a 2006
Chevrolet Suburban which was driven by your policyholder, Mark Smith.
Also briefly explain how the at-fault driver was negligent, that is, what rules
of the road he violated. Something like this:
Mr. Smith negligently failed to pay adequate attention to his driving, he failed to
see my vehicle, he failed to control the speed of his vehicle and he did not keep a safe
distance between his vehicle and mine. Mr. Smith was clearly negligent and his
negligence was the sole cause of this accident.
Especially if there was extensive damage to your vehicle explain the impact
and the damage it did. You can say something like this:
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The force of the impact drove my vehicle into, and through, the intersection. There
was extensive damage to the rear of my vehicle which cost $8,132.88 to repair.
I understand that Mr. Smith’s vehicle was totaled.
Also add any aggravating circumstances, such as extreme speed or drunk
driving. You can say something like this:
Investigation revealed that Mr. Smith was intoxicated. He was charged with drunk
driving and he later pleaded guilty to that charge in court.
That’s all you need. Objective. To the point. But hitting all the key facts.
Damages. Now we turn to the harm that the negligent driver caused.
This is what gives your claim value.
Start with a summary of all injuries you received.
e.g. As a result of this crash, I suffered multiple bruises and abrasions.
Explain what expenses you have incurred to diagnose and treat your injuries.
Next, explain your other main financial loss, which is your lost income. Say
something like this:
Because of my injuries, I was unable to work for one week.
You can sum it up like this:
As a result of your policyholder’s carelessness, I have suffered severe, painful and
permanent injuries, including an ugly surgical scar on my face. In view of my injuries,
the medical bills and lost income that I have sustained, and other relevant
considerations, I think that $50,000.00 is fair compensation, and I would accept that
amount to settle my claim.
2. Study the sample letter for car accident settlement.
This is to remind you that on the 20th of February, I met with a serious car
accident with you Mr. Smith. The accident took place while I was driving down the
Oxford Street and you suddenly came driving rashly from the opposite side and
slammed my car from the front. You were driving in the wrong direction as that was a
one way road and with such a high speed that you hit my car very badly, breaking all the
front headlights.
You were certainly under alcoholic influence it seemed, and had no sense about
the road directions. It is clearly your mistake which led to the happening of this
ferocious accident. I have attached pictures of my damaged car along with this letter for
you to see the force with which my car was hit. I was majorly injured in the accident,
banging myself to the steering wheel so hard that I had a blackout immediately. I was
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taken to the nearby hospital by the local people and it was observed that I had major cuts
on my head. For the next 3 days I had to stay in the hospital for full recovery. During
that time, not only did I suffer physically but also missed 7 working days of my office.
Since it was clearly your negligence and fault, I would want you to settle my
medical bills at the hospital and also cover the cost of the repairs needed for my car.
I have attached a copy of the medical bills and the approximate cost of repair charged by
the auto repair company.
I am looking forward to your reply, in less than 15 days from the date of this letter
and in case you don’t revert back I will start legal actions against you.
Exercise 30
Supply the necessary words: failed, sitting, drove, speed, caused, keep, damage,
drunk-driving, cause, direction, occurred, undergoing, course, earnings, driven, settle,
fulfill, favor, suffered, vicarious, negligent, sustained, speeding.
On Tuesday, March 5, 2013, at about 10:00 a.m., the claimant was (1) … in his
2012 Toyota Camry along Grove Road in an easterly (2) …. At all material times the
second defendant was the owner of the Ford Galaxy motor car which was being (3) ... by
the first defendant, policyholder Mark Smith.
A collision (4) ... when the said Ford motor car (5) … into the claimant’s vehicle
at the intersection of Grove Road and Foxhall Street. The said intersection is a
crossroads (6) … by traffic lights which were showing green in (7) … .of the claimant.
The car accident was (8) … by the negligence of the First defendant acting in the (9) …
of his employment.
Mr. Smith negligently (10) … to pay adequate attention to his driving, to control
the (11) … of his vehicle and he did not (12) … a safe distance between his vehicle and
the vehicle of the Claimant. Mr. Smith was clearly (13) … and his negligence was the
sole (14) … of this accident. The second defendant is negligent by virtue of (15) ...
liability being the employer of the first defendant.
The force of the impact drove the vehicle into, and through, the intersection.
There was extensive 16) … to the rear of the vehicle which cost $8,132.88 to repair.
Investigation didn’t reveal that Mr. Smith was intoxicated, so he was not charged
with (17) .... But since he didn’t control the speed of his vehicle he was charged with
(18) …
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As a result of this collision, the claimant (19) … an injury to his neck, shoulder.
He incurred great expenses to diagnose his injuries. Hospital treatment was required and
the claimant is still (20) … medical treatment.
Because of his injuries, the Claimant was unable to (21) … his contracted work
for 5 week.
As a result of this policyholder’s carelessness, the Claimant has (22) … severe
injuries. In view of his injuries, the medical bills and loss of (23) … we think that
$50,000.00 is fair compensation to (24) … a claim.
Supplementary texts for Units 1–2
Unit 1. Civil Litigation
Text 1. Stages of a Lawsuit
Today many people are turning to the legal system to help them resolve disputes.
However, much more time and procedures are involved in bringing a lawsuit than most
people realize.
Read the text and explain the complexity of civil procedure.
Introduction
When most people think of the American legal system, they probably think of a
courtroom where lawyers argue their cases to the jury. The media and entertainment
industry have bombarded the viewing public with dramatic images of the law in action.
However, television and the silver screen only provide a mere glimpse into the actual
stages of a lawsuit. Lawsuits may take years to resolve and often do not end with a
dramatic courtroom scene. Further, many lawsuits are settled before either party ever
steps into a courtroom. Given the possibilities, it is helpful for a person considering, or
faced with, a lawsuit to have a broad overview of the stages of a lawsuit.
The Beginning Stages
Once you believe you are involved in a situation that requires legal action, finding
a knowledgeable and experienced attorney should be your first priority. Gaining the aid
of a seasoned attorney, especially one experienced in the specific area of your legal
issues, is the most important thing you can do to secure a favorable result. Generally,
your first contact with a potential attorney will be during an initial client interview.
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During this interview the attorney will ask you questions about your legal dilemma.
Then, the attorney will give you his or her opinion on the issue and advise you of your
options. If the attorney believes you have a viable case and you choose to hire that
attorney, the lawsuit can be commenced.
Pretrial Action
In most states, the filing of a complaint officially starts a lawsuit. A complaint
includes the facts of the situation showing a legal right and legal wrong.
The defendant has several options as to how to respond to the plaintiff's
complaint. For example, the defendant can deny the allegations set forth in the
complaint or can introduce defenses. He can also admit to the allegations in the
complaint, either by specifically acknowledging their truth or by failing to deny them
properly.
After the complaint has been filed and the defendant has entered his response, the
attorneys on both sides will enter into the discovery phase of the lawsuit.
During discovery, the attorneys gather as much evidence as possible about the
situation. The discovery phase of litigation serves several important purposes: it can be
used to preserve evidence of witnesses who may not be available at trial; to reveal facts;
and, to aid in formulating the issues to be litigated. Depositions are probably the most
useful discovery device. A deposition is a sworn pretrial testimony taken out of court in
response to oral examination and reduced to writing by a stenographer for use in court.
Both parties have the opportunity to question the witness during the deposition.
Furthermore, during the discovery phase parties can obtain access to documents and
other items not in their possession. Discovery rules are liberal, allowing a great deal of
evidence to be revealed. Depending on the complexity of the suit, the discovery phase
may last a year or more.
Resolution Without Trial
Many cases are disposed of before going to trial. Today, the trend is to settle the
disputed issues without unpredictable trial. For the settlement to officially end a lawsuit,
both parties must agree to be bound by the terms of the settlement. Settlement is the
favored way to resolve a legal dispute because parties are able to secure their own
interests by taking an active role in designing the resolution.
Trial
After the case has proceeded through discovery, it will be placed on the court
docket and a trial date will be assigned. Jury and non-jury trials follow the same general
rules of order. Generally, the trial proceeds as follows. The plaintiff's attorney followed
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by the defendant's attorney each make opening statements, explaining what he or she
intends to prove. The plaintiff's witnesses and evidence are introduced, examined and
cross-examined. Then, the defendant's witnesses and evidence are introduced, examined
and cross-examined. Finally, both the plaintiff and defendant are allowed to introduce
rebuttal evidence. After all the evidence has been submitted, each side presents a closing
argument summarizing the evidence most favorable to their party. Generally, the
plaintiff makes the first closing statement and has a right of rebuttal after the defendant's
closing argument.
If it is a jury trial, the judge will instruct the jury as to the law that is to be applied.
Generally, the judge requires the parties to submit proposed jury instructions. While
some states have standard instructions that must be used, other states allow the parties
some input as to how the instructions will be worded. The jury then retreats to the jury
room where they deliberate until a verdict is reached. If the jury returns a verdict, the
judge generally will enter a judgment on the verdict.
Recovering Judgments
Once a judgment is entered, the winning party is entitled to the amount of the
judgment. However, the actual amount the prevailing party receives and when they
receive the money, is dependent upon many factors including whether there is insurance
coverage available to pay for the judgment. Prevailing parties may encounter problems
when trying to recover the money from the losing party. The prevailing party may be
forced to commence collection (called "execution") proceedings against the losing party.
Appealing the Court's Decision
Trial decisions are not final. If a party is not satisfied with the results of his or her
trial, an appeal of the judgment can be made to a higher court. Although a party usually
has the right to an appeal, there are strict time deadlines in which the appeal must be
commenced.
Text 2. Rules of Civil Court Procedures in the USA
Read and translate the text.
Civil actions follow certain rules for how a civil case is performed, with steps for
each part of the process, from the beginning to the end. These rules are called the Rules
of Civil Procedure. There are federal rules of civil procedures, which must be followed
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if the case is filed in federal court. However, most civil suits begin in state court,
therefore each state has its own set of rules of civil procedure. Have a question? Get an
answer from a lawyer now!
There are two basic types of law: civil and criminal law. Civil actions involve a
lawsuit between individuals or corporations. A civil case usually centers on a
wrongdoing between the parties, and this wrongdoing is not necessarily a criminal act.
A civil case can be heard before a judge, (a bench trial) or before a jury, (a jury trial).
Parties
The parties involved are the plaintiff and the defendant. The plaintiff is the
person(s) who was wronged by the event and the defendant(s) is the alleged wrongdoer.
For example, if "A" was in an automobile accident that was the result of "B" running a
red light, "A" would be the plaintiff and "B" would be the defendant. Also, "B's"
automobile insurance may be a party defendant.
Discovery
To begin the process of a civil suit, the plaintiff must file the initial pleadings
which include a summons and complaint, with the clerk of court for the county in which
the action is brought. The county chosen is usually the county in which the wrongdoing
took place.
After filing the initial pleading, each defendant must be served with a copy of the
pleadings. In South Carolina, a defendant has 30 days from the date of service to file an
answer, which is their admittance or denial as to the allegations contained in the
complaint. If an answer is not filed, the defendant is in default and a judge may find in
favor of the plaintiff without going further into the case.
However, if the case moves forward the next step is the discovery process.
Discovery is the term used by the legal field to mean the disclosure of important facts or
documents to the opposing party in a civil action, usually before a trial begins.
Discovery information is obtained by several methods, including a request for
production of documents, interrogatories and depositions. All of these methods are used
in order to acquire information to decide if the case should be settled or go to trial.
Settlement
A settlement is an offer made by the defendant by and through his attorney to the
plaintiff and the plaintiff's attorney in order to end the case. Once a settlement has been
reached and fulfilled, the case is dismissed and will not go forward with a trial. The
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